| Case ID |
42940e93-e83d-4bb4-913c-9d5f6e878244 |
| Body |
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| Case Number |
Civil Petition No.1115 of 2006 |
| Decision Date |
Feb 08, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition against the Lahore High Court's judgment, maintaining that the Election Tribunal's declaration of disqualification due to the concealment of assets was justified. The petitioner failed to provide sufficient evidence to substantiate the claim of notorious disqualification. Thus, the votes secured by the successful candidate could not be disregarded, and no fresh elections were mandated by the court. The court upheld the legal principles regarding the necessity of proving notoriety of disqualification during the election process. |
| Summary |
In the case of Civil Petition No.1115 of 2006, the Supreme Court of Pakistan dealt with a crucial issue regarding election disqualification under the Punjab Local Government Ordinance and the Constitution of Pakistan. The case revolved around the disqualification of a returned candidate who was alleged to have concealed his assets. The Election Tribunal ruled in favor of the petitioner, declaring him as the successful candidate. However, this decision was challenged in the Lahore High Court, which dismissed the petition. The Supreme Court affirmed the High Court's ruling, emphasizing that the petitioner had not substantiated the claim that the disqualification was notorious. The verdict highlighted the importance of concrete evidence in electoral disputes, reinforcing the legal standards for proving disqualification in elections. Key terms such as election law, disqualification, and evidence in electoral disputes are significant in understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
MIAN SHAKIRULLAH, JAN,
SAIYED SAEED ASHHAD, JJ
|
| Lawyers |
Abdul Karim Khan Kundi, Advocate Supreme Court for Petitioner,
Sh. Zamir Hussain, Advocate Supreme Court for Respondents,
Ashraf Aatif Respondent No. 5 (in person)
|
| Petitioners |
Sardar MUHAMMAD AMIR KHAN
|
| Respondents |
others,
NADEEM AKHTAR
|
| Citations |
2007 SLD 1559,
2007 SCMR 1044
|
| Other Citations |
Ellahi Bakhsh v. District and Sessions Judge, Rajanpur PLD 2003 SC 268,
Lal Muhammad v. Muhammad Usman and others 1975 SCMR 409,
Syed Saeed Hassan v. Pyar Ali PLD 1976 SC 6,
Halsbury's Laws of England, Vol. 14,
Junaid Ahmad Soomro v. Haji Mehboob Ali Bhayo and others PLD 1986 SC 689,
Sheikh Amjad Aziz v. Haroon Akhtar Khan 2004 SCMR 1484,
Shaukat Ali v. District Returning Officer and another PLD 2006 SC 78
|
| Laws Involved |
Punjab Local Government Ordinance (XIII of 2001),
Constitution of Pakistan (1973)
|
| Sections |
152,
Art.185(3)
|