| Case ID |
37410c59-a08e-4fe9-be8a-77fb77a4ef3f |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
Mar 17, 1990 |
| Hearing Date |
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| Decision |
The election petition filed by Ihrar Khattak against Mian Muzaffar Shah was dismissed on the grounds of non-compliance with mandatory provisions of the Representation of the People Act. The petitioner failed to provide affidavits of witnesses and a list of witnesses prior to filing the petition. The court emphasized the importance of adhering to procedural requirements, indicating that such oversights can lead to the dismissal of election petitions. The judgment reinforced that the Election Commission cannot extend statutory deadlines for filing necessary documentation, and strict compliance with established procedures is essential to ensure fair trial and justice. |
| Summary |
The case revolves around an election petition challenging the election of Mian Muzaffar Shah as a Member of the National Assembly of Pakistan from Constituency NA-4 Peshawar-IV. Ihrar Khattak, the petitioner, alleged that the election was procured through corrupt practices. However, the petition was dismissed due to the failure of the petitioner to comply with the mandatory requirements of the Representation of the People Act, specifically regarding the submission of witness affidavits and a list of witnesses. The court held that non-compliance with these procedural rules was fatal to the election petition, underscoring the necessity for strict adherence to election laws to uphold integrity in the electoral process. The case highlights the critical importance of procedural compliance in election petitions, as failure to do so can undermine the right to a fair hearing and lead to dismissal of legitimate grievances. Keywords related to this case include election petition, Representation of the People Act, procedural compliance, electoral integrity, and judicial review of election results. |
| Court |
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| Entities Involved |
Not available
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| Judges |
Inayat Elahi Khan, J
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| Lawyers |
Muhammad Sardar Khan for Petitioner,
Jehanzeb Rahim and Bashirullah Khan for Respondent No. 1
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| Petitioners |
Ihrar Khattak
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| Respondents |
Mian Muzaffar Shah and others
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| Citations |
1991 SLD 1640 = 1991 CLC 175
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| Other Citations |
S.M. Ayub v. Syed Yusaf Shah and others P L D 1967 SC 486,
Syed Zafar Ali Shah v. Muhammad Nawaz Khokhar P L D 1986 Journal 160,
1985 P S C 1208,
1988 C L C 1289,
1968 S C M R 1097,
1986 M L D 2338,
1986 M L D 2707,
1987 M L D 1309
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| Laws Involved |
Representation of the People Act (LXXXV of 1976)
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| Sections |
52,
55,
62,
3
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