| Case ID |
43912f81-3174-4f58-86fd-477d2191b506 |
| Body |
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| Case Number |
Civil Petition No. 26 of 1982 |
| Decision Date |
Jun 09, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the decision of the Election Tribunal. The Court found that the Election Tribunal had exclusive jurisdiction to resolve election disputes, and the appellant's argument regarding the maintainability of the Election Petition was without merit. The Court emphasized that disputes about the validity of ballot papers could only be resolved by the Election Tribunal, and the presiding officer's determination was not binding. The Court also ruled that estoppel and waiver did not apply in this case, as the appellant did not act on any representation from the respondent that would alter his position. The election of the first respondent was upheld based on a review of the invalid votes and the overall conduct of the election process. |
| Summary |
This case revolves around the election dispute for the Chairman of the Union Council, Barwa, District Dir, held under the N. W. F. P. Local Councils (Election of Chairman and Vice Chairman) Rules, 1979. The Supreme Court addressed the jurisdiction of the Election Tribunal concerning election petitions. The pivotal issue was whether the Tribunal could assess the validity of disputed ballot papers without prior objection raised during the counting process. The Court ruled that the Election Tribunal had the exclusive right to resolve such disputes and that any challenge to the election must be presented through an election petition. The Court also clarified the principles of estoppel and waiver in the context of election laws, emphasizing that statutory provisions must be adhered to without exception. This case establishes important precedents regarding election disputes, the role of presiding officers, and the jurisdiction of election tribunals, making it a significant reference in electoral law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAH NAWAZ KHAN,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
A. Latif Yousaf Zia,
Muhammad Afzal Siddiqi,
A. Hakeem Kundi,
M. Qasim Imam
|
| Petitioners |
Khan Shahzada
|
| Respondents |
3 Others,
Maulvi Fazal Rabi
|
| Citations |
1983 SLD 178,
1983 SCMR 125
|
| Other Citations |
Not available
|
| Laws Involved |
N. W. F. P. Local Councils (Election of Chairman and Vice Chairman) Rules, 1979,
Evidence Act (I of 1872)
|
| Sections |
R. 8,
R. 8(4),
R. 6(4),
S. 115
|