| Case ID |
38881236-7306-4ec6-94f4-408c93440cc6 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 14923 of 2001 |
| Decision Date |
Oct 15, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court remitted the constitutional petition to the Election Tribunal, directing it to treat the petition as an election petition. The court ruled that the factual controversies regarding the eligibility of the respondent as a 'peasant' could only be resolved by the Election Tribunal after recording evidence. The court emphasized that the constitutional petition could only be entertained when there was no need for resolving factual controversies. Furthermore, the court condoned the delay in filing the election petition due to the pending proceedings and directed the Tribunal to decide the matter expeditiously, ensuring both parties had the opportunity to present their evidence. |
| Summary |
In the case of Shahid Khan vs. Senior Civil Judge/Returning Officer for the Election of Special Seats, the Lahore High Court addressed the eligibility of an advocate contesting a local government election for a reserved seat designated for peasants. The petitioner, Shahid Khan, challenged the election results, asserting that the successful candidate, Hassan Nizami, did not meet the statutory definition of a 'peasant' as outlined in the Punjab Local Government Elections Ordinance. The court examined the implications of the law, specifically Section 2(10), which defines a peasant in terms of land ownership and dependency on agricultural income. The decision highlighted the need for a factual determination of income sources, emphasizing that such determinations are within the purview of the Election Tribunal. The court's ruling underscores the importance of proper legal representation and the procedural mandates of election law, as well as the judicial principle that constitutional petitions should not be used to resolve issues requiring evidentiary hearings. This case serves as a crucial reference point in understanding the intersection of local government election laws and the qualifications required for candidates, particularly in the context of reserved seats for marginalized groups. The outcome reinforces the necessity for transparency and fairness in electoral processes, aligning with broader judicial standards for electoral integrity. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD CHAUDHRY, J
|
| Lawyers |
Pir S.A. Rashid,
Ghulam Farid Sanotra,
Taqi Ahmad Khan
|
| Petitioners |
SHAHID KHAN
|
| Respondents |
9 others,
SENIOR CIVIL JUDGE/RETURNING OFFICER FOR THE ELECTION OF SPECIAL SEATS, TEHSIL SHAKARGARH
|
| Citations |
2002 SLD 1921,
2002 CLC 1035
|
| Other Citations |
Government of the Punjab v. Hudabia Textile Mills 2001 SCMR 209,
Rai Muhammad Hayat Khan v. Muhammad Afzal Kahloon and 2 others NLR 1980 UC 437,
Muhammad Younas Khan v. Government of N.-W.F.P. and others 1993 SCMR 618,
Ilam Din v. Mst. Hussain Bibi 1990 SCMR 632,
Federation of Pakistan v. Major (Retd.) Muhammad Sabir Khan PLD 1991 SC 476,
Supreme Court reported as 1994 SCMR p.1299
|
| Laws Involved |
Punjab Local Government Elections Ordinance (V of 2000),
Punjab Local Government Elections Rules, 2000,
Constitution of Pakistan (1973)
|
| Sections |
2(10),
R.70,
Art. 199
|