| Case ID |
4304e5f8-dd21-48fb-a9ff-1c80c691021a |
| Body |
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| Case Number |
W.P. No. 1132 of 2012 |
| Decision Date |
May 16, 2012 |
| Hearing Date |
May 16, 2012 |
| Decision |
The Islamabad High Court ruled in favor of the petitioner, declaring the actions taken by the Respondent No. 2 regarding the recounting of votes and subsequent disqualification of the petitioner as arbitrary, illegal, and a violation of natural justice. The court emphasized that once a notification of success for a candidate is issued, the Returning Officer loses the authority to alter the result. The court set aside the notification dated 12.04.2012 that declared the Respondent No. 3 as a successful candidate and restored the original notification dated 20.03.2012 that declared the petitioner as successful. |
| Summary |
In this case, the Islamabad High Court addressed a constitutional petition concerning the election of members to the National Council for Homoeopathy (NCH) under the Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965. The petitioner, Homoeopathic Dr. Faisal Saleem, contested the validity of a recounting process that resulted in his disqualification and the declaration of another candidate as successful. The court found that the recounting was conducted without the petitioner's knowledge and violated principles of natural justice, as no opportunity was provided for the petitioner to contest the recounting. The decision highlighted the importance of adhering to established electoral processes and the legal standards governing such elections. Ultimately, the court ruled in favor of the petitioner, reinstating his position as a member of the NCH and setting a precedent for the protection of electoral rights within professional councils. This case underscores the significance of transparency and fairness in electoral processes, especially in bodies governing professional practices. |
| Court |
Islamabad High Court
|
| Entities Involved |
National Council for Homoeopathy (NCH)
|
| Judges |
SHAUKAT AZIZ SIDDIQUI, JUSTICE
|
| Lawyers |
Mr. Amir Abdullah Abbasi, Advocate,
Ch. Mushtaq Hussain, Advocate,
Mr. M. Arbab Alam Abbasi, Advocate,
M. Islam Sindhu, Advocate
|
| Petitioners |
HOMOEOPATHIC DR. FAISAL SALEEM
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
2019 SLD 111,
2019 PLJ 10
|
| Other Citations |
1999 SCMR 299,
PLD 2008 SC 663
|
| Laws Involved |
Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965,
Constitution of Pakistan, 1973,
Unani, Ayurvedic and Homoeopathic System of Medicine Rules, 1980
|
| Sections |
5,
8,
13(2),
199,
Rr.15,
30(A)
|