| Case ID |
37034731-1dfb-49ad-8da4-076aa4041c27 |
| Body |
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| Case Number |
Civil Appeal for Special Leave to Appeal No. 938 o |
| Decision Date |
Dec 20, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to Muhammad Sharif against the Lahore High Court's order that set aside the Commissioner's decision regarding the election misconduct of Muhammad Umar and Syed Baqir Hussain Shah. The Court noted that the High Court's reasoning for setting aside the Commissioner's decision was flawed as it did not adequately address the allegations of misconduct related to encroachments on municipal land. The Court emphasized the need to consider the definition of misconduct as per the Punjab Local Government Ordinance and the implications of the word 'include' in the relevant sections. The case was remanded for fresh determination, highlighting the legal complexities surrounding electoral disqualifications and the interpretation of statutory provisions. |
| Summary |
This case involves the Supreme Court of Pakistan's decision on a civil appeal concerning the electoral misconduct of local government officials. The appeal was filed by Muhammad Sharif against the Lahore High Court's ruling that had overturned a Commissioner's order disqualifying elected members Muhammad Umar and Syed Baqir Hussain Shah. The Supreme Court's ruling focused on the interpretation of the term 'misconduct' under the Punjab Local Government Ordinance and the procedural aspects of election disputes. The case underscores issues related to local governance, electoral integrity, and the legal standards for assessing misconduct in public office. By analyzing the legal definitions and the implications of political party affiliations on eligibility, the Court sought to clarify the standard for disqualification in the context of local elections. The decision is significant for future cases involving electoral disputes and the interpretation of local government laws. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN, ACTG. C.J.,
NASIM HASAN SHAH,
M. S. H. QURAISHI, JJ
|
| Lawyers |
Ch. Asghar Ali Bhatti, Advocate Supreme Court,
Rana Maqbool Ahmad Qadri, Advocate on-Record for Petitioners,
Muhammad Mahmood Bhatti, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate on-Record for Respondent No. 1
|
| Petitioners |
MUHAMMAD SHARIF
|
| Respondents |
MUHAMMAD UMAR,
3 Others
|
| Citations |
1983 SLD 325,
1983 SCMR 455
|
| Other Citations |
Rehmat Elahi's case P L D 1965 Lah. 112,
P L D 1968 S C 165
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Local Government Ordinance (VI of 1979)
|
| Sections |
Art. 185(3),
S. 29
|