| Case ID |
32516563-e01e-496f-ba7a-91acda4982eb |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 133 |
| Decision Date |
Nov 02, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the actions taken by the Presiding Officer were unlawful as they disenfranchised women voters, violating public policy and electoral laws. The agreement among candidates to exclude women's votes was deemed void ab initio, emphasizing that no candidate has the right to deny any voter their right to participate in elections. The petition was dismissed as it lacked merit, reinforcing the principle that every voter has an inherent right to cast their vote without discrimination. |
| Summary |
In the case of Sher Bahadur vs. Deputy Commissioner/Election Tribunal, the Supreme Court of Pakistan addressed a pivotal issue regarding the right to vote under the Punjab Local Government Ordinance (VI of 1979). The case emerged from an electoral dispute in which candidates collectively requested that women voters be barred from casting their votes. The Presiding Officer complied, leading to a significant number of votes being disregarded. Respondents challenged this decision, arguing that it was not only unlawful but also contrary to public policy. The Supreme Court, in its decision, firmly held that any agreement that seeks to disenfranchise voters, especially women, is fundamentally void. The ruling underscored the inviolable right of every voter to participate in elections and emphasized that electoral integrity must be upheld at all costs. This case is critical in understanding electoral rights and the protections afforded to voters against discriminatory practices. Keywords: voting rights, electoral integrity, public policy, women's rights, Supreme Court ruling, Punjab Local Government Ordinance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
MUSHTAQ HUSSAIN
|
| Lawyers |
Shamim Abbas Bokhari,
Syed Ali Imam Naqvi
|
| Petitioners |
SHER BAHADUR
|
| Respondents |
DEPUTY COMMISSIONER,
ELECTION TRIBUNAL
|
| Citations |
1981 SLD 176,
1981 SCMR 147
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979)
|
| Sections |
19
|