| Case ID |
2c773464-9e92-420c-b6c1-544c19cd928c |
| Body |
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| Case Number |
Election Petition No. 35 of 2018 |
| Decision Date |
Dec 19, 2018 |
| Hearing Date |
Dec 15, 2018 |
| Decision |
The election petition filed by Nadir Ali Chalgari was dismissed due to lack of sufficient evidence to substantiate allegations of illegal and corrupt practices against the respondent, Abdul Qadoos Bizenjo. The petitioner failed to prove the burden of proof regarding rigging and corrupt practices, and no specific acts were attributed to any individual. The court emphasized that general allegations without supporting evidence do not meet the mandatory requirements as outlined in the Elections Act, 2017. The significant difference in votes secured by the petitioner and respondent further supported the dismissal. |
| Summary |
In the case of Election Petition No. 35 of 2018, the Balochistan High Court addressed allegations of illegal and corrupt practices in the election held for the seat of Member Provincial Assembly. The petitioner, Nadir Ali Chalgari, contended that the election results were tainted by rigging and sought various reliefs, including re-polling. However, the court found that the petitioner had not provided sufficient specific evidence to substantiate the claims. It was highlighted that the burden to prove the allegations rested on the petitioner, and without concrete evidence, the general claims of misconduct could not be accepted. The court's decision underscores the importance of presenting detailed and specific allegations in electoral disputes, as general claims without proof fall short of legal standards. The ruling serves as a critical reminder of the stringent requirements for proving corrupt practices in election petitions under the Elections Act, 2017. This case is significant in the context of electoral integrity and the legal standards required to challenge election results effectively. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDULLAH BALOCH, JUSTICE
|
| Lawyers |
Tariq Ali Tahir,
Nadeem Sheikh No.1,
Jameel Ramzan,
Naseer Ahmed
|
| Petitioners |
Nadir Ali Chalgari
|
| Respondents |
ABDUL QUDOOS BIZANJO,
NADIR ALI CHALGARI
|
| Citations |
2019 SLD 2434,
2019 CLC 1520
|
| Other Citations |
2017 SCMR 292
|
| Laws Involved |
Elections Act, 2017
|
| Sections |
43,
139,
144,
144(1)(a)(b)
|