| Case ID |
43082c6f-2056-4b39-9741-8bce3dc6a095 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 314 of 1986 |
| Decision Date |
Feb 22, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal of Dr. Sher Afghan, affirming the Election Tribunal's decision which invalidated his election as a member of the National Assembly for Constituency No. NA-61 Mianwali-cum-Bhakkar. The Court held that the manner of marking the ballots was directory rather than mandatory, thus allowing for substantial compliance. The Tribunal found that the rejected ballots were valid as they clearly indicated the voters' intent. The judgment emphasized the importance of ascertaining the voter's intention, even if the prescribed mark was placed outside the designated area on the ballot paper. This decision underscores the principle of electoral integrity and the need to safeguard the voter's intent while maintaining the confidentiality of the voting process. |
| Summary |
This case revolves around the interpretation of the Representation of the People Act, specifically regarding the validity of ballot papers in elections. The Supreme Court of Pakistan addressed whether the marking of ballot papers was directory or mandatory. The case stemmed from a civil appeal by Dr. Sher Afghan challenging the Election Tribunal's ruling that declared him ineligible based on the invalidation of certain ballots. The Court ruled that the intention of the voter must be prioritized, allowing for ballots to be counted if the voter's intent was clear, despite improper marking. This decision is critical in the context of electoral laws, reinforcing the need for laws that facilitate voter expression without being overly restrictive. Keywords: electoral integrity, ballot validity, voter intention, Supreme Court Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
ZAFAR HUSSAIN MIRZA,
ALI HUSSAIN QAZILBASH
|
| Lawyers |
S.M. Zafar, Senior Advocate Supreme Court,
Ch. Ijaz Ahmad, Advocate Supreme Court,
Kh. Mushtaq Ahmad, Advocate-on-Record for Appellant,
Sh. Shaukat Ali, Senior Advocate Supreme Court,
Ch. Muhammad Arif, Senior Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
Dr. SHER AFGHAN
|
| Respondents |
AAMAR HAYAT KHAN,
Haji Ghulam Muhammad
|
| Citations |
1987 SLD 794,
1987 SCMR 1987
|
| Other Citations |
P L D 1987 SC 213,
Woodward v. Sarsons 1875 L R 10 CP 733,
Mukhtar Hussain Shah v. Waseem Sajjad P L D 1986 SC 178,
Morgan v. Simpson (1974) 3 All E.R. 722,
Ruffle v. Rogers and another (1982) 3 All E.R. 157,
Liverpool Borough Bank v. Turner (1861) 30 L J Ch. 379,
Mian Jamal Shah v. The Member Election Commission P L D 1966 S C 1
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
33(5),
38(4)
|