| Case ID |
5cba60ec-1f1d-4877-8ff8-726124aaffb4 |
| Body |
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| Case Number |
Election Petition No. 54 of 2018 |
| Decision Date |
May 22, 2019 |
| Hearing Date |
May 11, 2019 |
| Decision |
The Election Tribunal dismissed the election petition filed by Jameel Ahmed Dashti, stating that the allegations of illegal and corrupt practices against the returned candidate Abdul Rasheed were vague and not substantiated by evidence. The Tribunal noted that the petitioner failed to object to the nomination papers of the returned candidate at the time of filing and did not file an appeal after the acceptance of the nominations. The evidence presented by the petitioner was deemed inadequate to support claims of rigging and corruption, as the polling agents who testified were not voters of the respective polling stations and their testimonies lacked credibility. The Tribunal upheld the election results, confirming Abdul Rasheed as the validly elected candidate. |
| Summary |
This case involves an election petition filed by Jameel Ahmed Dashti contesting the results of the bye-elections held for constituency PB-47 Kech-III on December 6, 2018. The primary issue was whether the election process was marred by illegal and corrupt practices as alleged by the petitioner against the returned candidate, Abdul Rasheed. The Tribunal emphasized the importance of evidence in election disputes, highlighting that vague allegations without substantial proof are insufficient to overturn election results. The decision underscores the necessity for candidates to raise objections during the nomination process and the need for credible evidence when alleging electoral misconduct. The court's ruling serves as a precedent for future election-related disputes, emphasizing strict adherence to procedural requirements and evidentiary standards. This case is significant for understanding the legal framework surrounding electoral integrity in Pakistan, particularly under the Elections Act, 2017. |
| Court |
Election Tribunal, Balochistan
|
| Entities Involved |
Not available
|
| Judges |
Abdullah Baloch, Justice
|
| Lawyers |
Malag Dashti,
Nadir Ali Chalgari,
Bilal Mohsin,
Rehan Jakrani,
Farooq Ali,
Kamran Murtaza,
Noor Jan Buledi,
Tahir Ali Baloch,
Shai Haq Baloch
|
| Petitioners |
Jameel Ahmed Dashti
|
| Respondents |
Abdul Rasheed,
13 Others
|
| Citations |
2021 SLD 2130,
2021 PLJ 68
|
| Other Citations |
PLD 2014 page 330,
PLD 2016 SC 79
|
| Laws Involved |
Elections Act, 2017
|
| Sections |
139,
143,
144
|