| Case ID |
4232beaf-6882-4b75-987f-5959f614e005 |
| Body |
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| Case Number |
Election Appeal No. 5 of 2014 |
| Decision Date |
Oct 21, 2016 |
| Hearing Date |
Oct 21, 2016 |
| Decision |
The Peshawar High Court set aside the decision of the trial court, restoring the election notification declaring Nasir Khan as the returned candidate. The court held that the election petition filed against him was incompetent due to non-compliance with mandatory provisions of the Representation of the People Act, 1976. The court emphasized that the appellate court holds similar powers to the trial court and can reverse its findings. It ruled that the election petition lacked proper verification and that the allegations against Nasir Khan concerning his criminal involvement were not sufficiently substantiated. Furthermore, the court highlighted that the success of a candidate is the mandate of the people and should not be interfered with lightly without concrete evidence. |
| Summary |
In the election appeal case of Nasir Khan against Hameed Ullah Jan, the Peshawar High Court addressed critical issues surrounding the validity of election petitions and compliance with legal procedures. The court emphasized the importance of proper verification in election petitions as per the Representation of the People Act, 1976, which mandates that all annexed documents must be signed and verified correctly. The case revolved around allegations of concealment of facts related to a criminal case against Nasir Khan, which were not adequately proven. The court reaffirmed that the success of a candidate reflects the will of the voters and should not be overturned without substantial evidence. By restoring the election notification, the court underscored the significance of upholding electoral integrity and the principles of justice while navigating election disputes. This case serves as a precedent on the necessity of adhering to procedural requirements in election-related litigations, thereby ensuring fair electoral processes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Rooh-ul-Amin Khan,
Syed Afsar Shah
|
| Lawyers |
Abdul Samad Khan,
Ghulam Mohy Uddin Malik
|
| Petitioners |
Nasir Khan
|
| Respondents |
14 Others,
Hameed Ullah Jan
|
| Citations |
2017 SLD 2166,
2017 YLR 810
|
| Other Citations |
2010 CLC 1358,
2015 SCMR 1585,
2016 SCMR 1312,
PLD 1971 SC 730,
1988 Law Notes SC 1273,
AIR 1946 Lah. 65
|
| Laws Involved |
Representation of the People Act, 1976,
Civil Procedure Code, 1908
|
| Sections |
52,
55(3),
56,
63,
O.VI, R.15
|