| Case ID |
42845653-8928-4ce0-9199-b672ebba8285 |
| Body |
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| Case Number |
Civil Appeal No. 6 of 1968 |
| Decision Date |
Apr 17, 1968 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Mian Jamal Shah against the decision of the Election Tribunal which had invalidated his election based on findings of corrupt practices. The Court upheld the Tribunal's conclusion that foreign materials found in ballot papers indicated a pre-arranged design to disclose the identity of voters, which constituted corrupt practices. The Court ruled that the Election Tribunal was the competent authority to adjudicate such matters, and its decision to exclude certain ballot papers was justified. Consequently, Nasrullah Khan was declared duly elected. |
| Summary |
This case revolves around the election dispute arising from the election to the National Assembly from Constituency No. N. II, Peshawar-2, held in March 1965. Mian Jamal Shah challenged the decision of the Election Tribunal which had invalidated his election based on allegations of corrupt practices and illegal acts. The Tribunal found that foreign objects, including currency notes and chits inscribed with 'Bismillah-Hirrahman-Nirrahim', were included in ballot papers to identify voters, which was deemed a violation of electoral secrecy and integrity. The Supreme Court upheld the Tribunal's authority to adjudicate on such matters, thereby affirming the decision that declared Nasrullah Khan as the duly elected candidate. The case emphasizes the importance of electoral integrity and the role of the Election Tribunal in resolving disputes regarding corrupt practices, ensuring that elections are conducted fairly and transparently. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman, C.J.,
Fazle-Akbar,
Muhammad Yaqub Ali,
Sajjad Ahmad
|
| Lawyers |
M. A. Zullah, Senior Advocate Supreme Court,
M. Saleem Chowdhuary, Advocate Supreme Court,
Fazal-i-Hussain, Attorney for Appellant,
Manzur Qadir, Senior Advocate Supreme Court,
M. A. Rahman, Senior Attorney for Respondent No. 2
|
| Petitioners |
Mian Jamal Shah
|
| Respondents |
The Second Election Tribunal, West Pakistan
|
| Citations |
1972 SLD 295,
1972 SCMR 496
|
| Other Citations |
PLD 1966 SC 1,
P L D 1957 S C (Pak.) 91
|
| Laws Involved |
National and Provincial Assemblies (Elections) Act
|
| Sections |
38,
53,
57,
72,
73
|