| Case ID |
30109fe3-3f99-4e60-a973-d3fa8b921957 |
| Body |
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| Case Number |
Civil Petitions Nos.888 and 1270-L of 2007 |
| Decision Date |
May 13, 2009 |
| Hearing Date |
Apr 21, 2009 |
| Decision |
The Supreme Court set aside the judgments passed by the Election Tribunal and the High Court, ordering the Election Commission to conduct fresh elections for the vacant seats of Nazims and Naib-Nazims of the concerned union councils. The Court found that the disqualification of the returned candidates was not notorious and thus the principle of throwaway votes was not applicable. The decision emphasized the importance of conducting fair elections to uphold the voters' rights and maintain the integrity of the electoral process. |
| Summary |
In the landmark case of Civil Petitions Nos. 888 and 1270-L of 2007, the Supreme Court of Pakistan addressed significant issues regarding the Punjab Local Government Election Rules 2005 and the Civil Procedure Code. The case revolved around the disqualification of candidates due to alleged fraudulent documentation, specifically a fake Matriculation Certificate. The Election Tribunal had previously declared the elections void, but the Supreme Court found that the disqualification was not notorious, thus invalidating the Tribunal's decision to declare the respondents as elected candidates based on the second highest votes. The Court ruled that fresh elections were necessary to ensure the voters' rights were honored, emphasizing the legal standards for candidacy and the necessity of transparency in the electoral process. This case highlights critical aspects of electoral law, the principles of fairness, and the judicial oversight required to protect democratic values in Pakistan. Keywords such as 'election law', 'disqualification', 'fresh elections', and 'voter rights' are crucial for understanding the implications of this ruling, making it a relevant topic for ongoing discussions about electoral integrity in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
RAJA FAYYAZ AHMED,
CH. IJAZ AHMED
|
| Lawyers |
|
| Petitioners |
Chaudhry MUHAMMAD MUNIR
|
| Respondents |
ELECTION TRIBUNAL, MANDI BAHAUDDIN
|
| Citations |
2009 SLD 1764,
2009 SCMR 1368
|
| Other Citations |
Mian Ahmad Saeed and others v. Election Tribunal for Kasur at Okara and 7 others 2003 SCMR 1611,
Sher Zaman Sher and others v. Jahanzeb Khan and others PLD 2004 SC 505,
Sh. Amjad Aziz v. Haroon Akhtar Khan and 10 others 2004 SCMR 1484,
Shaukat Ali and another v. District Returning Officer and another PLD 2006 SC. 78,
Sardar Muhammad Amir Khan v. Nadeem Akhtar and others 2007 SCMR 1044,
Wali Muhammad and others v. Raja Muhammad and others 1978 SCMR 415,
Muhammad Sadiq and others v. Ali Asghar Khan and others 1995 CLC 1529,
Ghulam Siddique v. Collector Land Acquisition and others 1996 MLD 1399,
Muhammad Abid Hassan and others v. DRO and others PLD 2005 Lah. 712,
Sheikh Muhammad Akram and another v. Sheikh Muhammad Yaqub and others PLD 2006 Lah. 24,
Iqbal Zafar Jhagra v. Khalilur Rehman 2000 SCMR 250,
Muhammad Boota v. Election Tribunal and others 2005 SCMR 1139,
Ellahi Bakhsh v. District and Sessions judge/Election Tribunal and others PLD 2003 SC 268
|
| Laws Involved |
Punjab Local Government Election Rules 2005,
Civil Procedure Code (V of 1908)
|
| Sections |
12(4),
99,
O.I,R.10
|