| Case ID |
42c2b104-bb39-4e11-84d6-ddbcd3620f1a |
| Body |
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| Case Number |
Constitutional Petition No. 116 of 1999 |
| Decision Date |
Mar 08, 1999 |
| Hearing Date |
Feb 22, 1999 |
| Decision |
The Balochistan High Court accepted the constitutional petition filed by Abdul Karim, declaring the orders of disqualification passed by the Returning Officer and the Appellate Authority as illegal and without jurisdiction. The court emphasized that the rejection of the nomination papers was based on the erroneous ground of the absence of the seconder during scrutiny, which was not mandated by law. The court directed that Abdul Karim's name be included in the list of validly nominated candidates for the election as Councillor from Ward No. 10, Town Committee Hub. |
| Summary |
This case revolves around the rejection of nomination papers for the position of Councillor due to the absence of a seconder during the scrutiny process. The Balochistan High Court ruled that the Returning Officer's decision was based on a non-speaking order that failed to reference any legal requirement for the presence of the seconder. The court clarified that the word 'may' in the relevant election rules does not impose a mandatory obligation on the candidates to have their seconder present. The ruling underscores the importance of adhering to legal provisions and ensuring justice, particularly in electoral matters. This judgment is significant for candidates facing similar issues regarding nomination paper scrutiny and reinforces the discretionary nature of the rules involved. The case highlights the critical balance between electoral regulations and candidates' rights, providing a clearer interpretation of the procedural requirements in local government elections in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR-UL-MULK MENGAL, CHIEF JUSTICE,
JAVED IQBAL, JUSTICE
|
| Lawyers |
Mr. Ashraf Khan Tanoli
|
| Petitioners |
ABDUL KARIM
|
| Respondents |
THE RETURNING OFFICER,
AC, HUB AT HUB
|
| Citations |
1999 SLD 1211,
1999 PLD 78
|
| Other Citations |
AIR 1968 Madh. Pra. 1,
AIR 1923 PC 138,
PLD 1958 SC (Ind.) 180,
AIR 1959 Bom. 401,
10 Born. LR 345,
PLD 1964 Lah.-329,
PLD 1964 Lah. 686,
PLD 1965 Lah. 23,
PLD 1965 Kar. 468,
PLD 1973 Azad J&K 27,
Rafiq Phal v. Returning Officer PLD 1984 Jour. 150
|
| Laws Involved |
Balochistan Local Government (Election) Rules, 1983,
Balochistan Local Government Ordinance (II of 1980),
Constitution of Pakistan (1973)
|
| Sections |
17,
20,
199
|