| Case ID |
411eb658-0b76-4123-adc8-ef55444a0f93 |
| Body |
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| Case Number |
Civil Petition No.38-P of 2008 |
| Decision Date |
Nov 06, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal and set aside the order of the Peshawar High Court. The Court concluded that the review application was barred by time, as it was filed beyond the stipulated period of limitation defined under Article 162 of the Limitation Act, 1908. The Court emphasized that the review petition could not be entertained due to non-compliance with necessary procedures for condonation of delay. The original judgment dated 23-2-2006 was restored, affirming that the election results were null and void due to the disqualification of the candidates based on their educational credentials. |
| Summary |
This case revolves around the interpretation of the Limitation Act, 1908, particularly focusing on the timelines for filing review applications following a High Court decision. The Supreme Court of Pakistan adjudicated on the validity of an appeal regarding election results, emphasizing the importance of adhering to legal procedures in the context of electoral qualifications. The judgment clarified that the review process is strictly governed by the limitation periods set forth in the law. The case highlights the intersection of electoral law and administrative justice, ensuring that candidates meet educational requirements to contest elections. Legal professionals must remain vigilant about compliance with procedural timelines to uphold the integrity of electoral processes. The ruling reinforces the significance of educational qualifications in elections, making this case a landmark in electoral law discourse. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR, C.J.,
IJAZ-UL-HASSAN KHAN,
CH. EJAZ YOUSAF, JJ
|
| Lawyers |
Barrister Masood Kausar, Advocate Supreme Court for Petitioners,
Tasleem Hussain, Advocate Supreme Court for Respondent
|
| Petitioners |
AHMAD JAN and others
|
| Respondents |
Qazi AZIZUL HAQ and others
|
| Citations |
2009 SLD 268,
2009 SCMR 1022
|
| Other Citations |
Nigar Bibi v. Salahuddin Khan PLD 1991 SC 197,
Hafiz Abdul Khalique v. Government of Sindh PLD 2007 Kar. 374,
Desmond Vas v. K.B.C.A. PLD 2005 Kar. 161,
Sanaullah v. District Returning Officer PLD 2005 SC 858,
Shaukat Ali v. District Returning Officer PLD 2006 SC 78
|
| Laws Involved |
Limitation Act, 1908
|
| Sections |
162,
5
|