| Case ID |
30900999-9d18-4fd4-ba05-17f39fc29de8 |
| Body |
View case body. Login to View |
| Case Number |
D-2741 of 2006 |
| Decision Date |
May 04, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petitions filed by the petitioners, concluding that the approach of the Election Tribunal, while incorrect in some aspects, ultimately led to a just and fair outcome. The Election Tribunal had the jurisdiction to allow amendments to the election petitions as necessary for a fair trial. The court emphasized that verification of election petitions is mandatory and that any non-compliance can lead to dismissal, but also acknowledged that defects that are curable could be rectified by the Election Tribunal. The petitioners were unsuccessful in their claims, and the petitions were dismissed in limine. |
| Summary |
This case revolves around the legal requirements for filing election petitions under the Punjab Local Government Elections Rules, 2005. The Lahore High Court addressed the necessity for proper verification of election petitions as outlined in the Civil Procedure Code and the Punjab Local Government Elections Rules. The court ruled that while the Election Tribunal's approach had some deficiencies, the overall decision was fair and justified. The case highlights the importance of adhering to procedural rules in election petitions, as failure to do so can result in dismissal. The ruling reinforces the mandatory nature of verification and the authority of the Election Tribunal to allow amendments to ensure justice. This case serves as a critical reference for future election disputes, emphasizing the need for compliance with legal provisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Ch. Muhammad Ashraf Wahla
|
| Petitioners |
others,
Mian MUHAMMAD IQBAL
|
| Respondents |
5 others,
ELECTION TRIBUNAL FOR DISTRICT OKARA,
DISTRICT JUDGE, KASUR
|
| Citations |
2006 SLD 2236 = 2006 CLC 1426
|
| Other Citations |
Sardarzada Zafar Abbas and others v. Syed Hassan Murtaza and others PLD 2005 SC 600
|
| Laws Involved |
Punjab Local Government Elections Rules, 2005,
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
Representation of the People Act (LXXXV of 1976)
|
| Sections |
67(3),
70,
71(4),
72,
O.VI, R.15,
O.VI, R.17,
O.VII, R.11,
Art.199,
S.55
|