Legal Case Summary

Case Details
Case ID 387a7758-60f7-471a-841e-e6de8e4234ef
Body View case body.
Case Number Civil Appeal No. 1219 of 2014
Decision Date Mar 02, 2016
Hearing Date Feb 03, 2016
Decision The Supreme Court dismissed the appeal against the Election Tribunal's order for a fresh election in the constituency. It was determined that illegal practices and significant discrepancies in voting patterns indicated that the elections were not conducted fairly. The evidence suggested that the political influence of candidates had led to a manipulation of the voting process, making the results void in accordance with Section 70(b) of the Representation of the People Act, 1976. The judgment highlighted the need for fair electoral practices to uphold the integrity of democratic processes.
Summary In this landmark case, the Supreme Court of Pakistan addressed significant electoral irregularities stemming from the General Elections held on May 11, 2013, specifically for National Assembly seat NA-267 Kachi-cum-Jhal Magsi. The court scrutinized the voting patterns across various polling stations where one candidate received zero votes while the other garnered an overwhelming majority—raising serious concerns about the legitimacy of the electoral process. The case highlights the critical importance of fair elections, the prevention of illegal practices, and the necessity for transparency in the electoral process to maintain the sanctity of democracy. The court's decision reinforces the need for stringent adherence to electoral laws to ensure that every vote counts, thereby strengthening the democratic framework of the country.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges EJAZ AFZAL KHAN, SARDAR TARIQ MASOOD, FAISAL ARAB
Lawyers Kh. Saeed-uz-Zafar, Muhammad Dawood Kasi, Syed Iftikhar Hussain Gillani
Petitioners KHALID HUSSAIN MAGSI
Respondents others, Mir ABDUL RAHIM RIND
Citations 2016 SLD 515, 2016 SCMR 900
Other Citations S.M. Ayub v. Yusuf Shah (PLD 1967 Supreme Court 486), Iqbal Zafar Jhagra v. Khalilur Rehman (2000 SCMR 250), Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana (2015 SCMR 1585)
Laws Involved Representation of the People Act, 1976
Sections 70(b)