| Case ID |
2de95cab-581f-42db-8ff6-6891d2953b55 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.698 of 2007 |
| Decision Date |
Apr 13, 2009 |
| Hearing Date |
Apr 13, 2009 |
| Decision |
The petitioners contested the election of Nazim and Naib Nazim for Union Council No.13 Rawal Town, Rawalpindi and were declared successful, with a notification issued accordingly. The respondents challenged this validity through an election petition, seeking to be declared as returned candidates. The Election Tribunal accepted the petition, disqualified the petitioners, and declared the respondents as elected Nazim and Naib Nazim. The court found that the petitioners failed to declare their correct assets, thus nullifying their election. However, the court also determined that the respondents' declaration as elected officials was not appropriately supported by required evidence, leading to a partial allowance of the petition. While upholding the petitioners' disqualification, the election of the respondents was set aside, declaring it void in totality. |
| Summary |
The Lahore High Court case concerning Writ Petition No.698 of 2007 involved a dispute over the election of Nazim and Naib Nazim for Union Council No.13 in Rawalpindi. The petitioners, Chaudhry IFTIKHAR AHMAD and others, initially won the election but faced challenges from Chaudhry BABAR ALI and others, who filed an election petition claiming that the petitioners had concealed assets. The Election Tribunal ruled in favor of the respondents, disqualifying the petitioners and declaring the respondents as elected officials. However, upon review, the Lahore High Court found deficiencies in the evidence supporting the respondents' claims of notoriety and the doctrine of throw away votes. Ultimately, the court upheld the disqualification of the petitioners but voided the election of the respondents due to insufficient evidence. This case highlights the importance of transparency in electoral processes and the rigorous standards of evidence required to support claims of disqualification in election petitions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ASGHAR HAIDER, J
|
| Lawyers |
Khalid Jamil and Aurangzeb Chaudhry for Petitioner,
Muhammad Ilyas Sh. for Respondents Nos. 1 and 2
|
| Petitioners |
Chaudhry IFTIKHAR AHMAD,
Chaudhry IFTIKHAR AHMAD and anothers
|
| Respondents |
Chaudhry BABAR ALI and 4 others
|
| Citations |
2009 SLD 598,
2009 CLC 1140
|
| Other Citations |
Shaukat Ali and another v. District Returning Officer and another PLD 2006 SC 78,
Sh. Amjad Aziz v. Haroon Akhtar Khan and 10 others 2004 SCMR 1484,
Ellahi Bakhsh v. District and Sessions Judge; Rajanpur and others PLD 2003 SC 268,
Muhammad Saeed Awan and another v. District Returning Officer; Attock and others 2006 SCMR 1495,
Muhammad Amin Khan v. Nadeem Akhtar and others 2007 SCMR 1044
|
| Laws Involved |
Punjab Local Government Election Rules 2005
|
| Sections |
67(2)(i)
|