| Case ID |
391c3007-cdd3-4457-9a09-189d1cbf8c65 |
| Body |
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| Case Number |
Civil Appeal No. 1873 of 2001 |
| Decision Date |
Oct 02, 2001 |
| Hearing Date |
Sep 26, 2001 |
| Decision |
The Supreme Court dismissed the appeal, confirming that the respondents had secured more than 50% of the votes cast in the election for Nazim and Naib-Nazim of District Council Nasirabad. The court held that the requirement of obtaining more than 50% was satisfied mathematically, as 475 votes were more than 50% of the total 949 votes in the electoral college. The court emphasized that fractional votes should be considered in the context of total valid votes cast. This decision underlined the importance of ensuring that elected officials truly represent a majority of the electorate, thereby reinforcing the legislative intent behind the amendments to the Balochistan Local Government Elections Ordinance. |
| Summary |
In the case of Civil Appeal No. 1873 of 2001, the Supreme Court of Pakistan addressed the contentious issue surrounding the election results for Nazim and Naib-Nazim of District Council Nasirabad. The case stemmed from a petition filed by Mir Salim Khan Khosa challenging the election outcome based on claims that the elected candidates did not secure more than 50% of the votes. The court examined the Balochistan Local Government Elections Ordinance, particularly sections 16(2) and 16(3), which stipulate the requirements for securing election. The court ruled that the respondents secured 475 out of 949 total votes, thus meeting the threshold of more than 50%. The ruling highlighted the significance of clear electoral guidelines to ensure that elected officials reflect the will of the majority. This case is pivotal in understanding electoral law in Pakistan and the interpretation of majority votes, emphasizing the need for precision in legislative language to avoid ambiguity in future elections. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN, C.J.,
CH. MUHAMMAD ARIF,
QAZI MUHAMMAD FAROOQ,
MIAN MUHAMMAD AJMAL, JJ
|
| Lawyers |
Wasim Sajjad,
Amanuilah Kanrani,
Mehr Khan Malik,
Makhdoom Ali Khan,
M. Nawaz Bhatti,
M. Ashraf Khan Tanoli,
Kh. Ahmed Tariq Rahim,
M. Aslam Chishti
|
| Petitioners |
Mir Salim Khan Khosa
|
| Respondents |
CHIEF ELECTION COMMISSIONER and others
|
| Citations |
2002 SLD 1103,
2002 SCMR 109
|
| Other Citations |
American Jurisprudence, Second Edn., Vol. 26
|
| Laws Involved |
Balochistan Local Government Elections Ordinance, 2000,
Constitution of Pakistan, 1973
|
| Sections |
16(3),
37,
185(3)
|