| Case ID |
7301c098-7bec-44cb-a230-3e474ee3793a |
| Body |
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| Case Number |
Civil Review Petition No. 94 of 2014 in Civil Appe |
| Decision Date |
Jun 19, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the review petition, declaring the election as a whole void due to material non-compliance with the provisions of the Representation of the People Act, 1976. The Election Commission was directed to hold a bye-election for the constituency in accordance with law. The ruling emphasized that the election process must uphold the will of the people, and the failure in a few polling stations could not justify the validity of the entire election. The court clarified that the Election Tribunal had the authority to declare the election void if the result was materially affected by violations of the Act. |
| Summary |
In the landmark case of Dr. Raja Aamer Zaman vs. Omar Ayub Khan, the Supreme Court of Pakistan addressed pivotal questions surrounding electoral integrity under the Representation of the People Act, 1976. The case arose from a contentious election held in NA-19 (Haripur), where the petitioner was initially declared a returned candidate. However, a subsequent petition led to a ruling for a partial re-poll in seven out of 437 polling stations, which was contested by the petitioner. The Supreme Court, in a decisive ruling, clarified that any material non-compliance affecting the election's outcome necessitated declaring the election void in its entirety. This case underscores the importance of ensuring fair electoral processes and the judiciary's role in safeguarding democratic principles. Keywords: electoral integrity, Supreme Court ruling, Representation of the People Act, election disputes, Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Jawwad S. Khawaja,
Gulzar Ahmed,
Sh. Azmat Saeed
|
| Lawyers |
Hamid Khan, Senior Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Muhammad Akram Sheikh, Senior Advocate Supreme Court,
Syed Rafaqat Hussain Shah, Advocate-on-Record
|
| Petitioners |
Dr. Raja Aamer Zaman
|
| Respondents |
Omar Ayub Khan
|
| Citations |
2015 SLD 2106,
2015 SCMR 1303
|
| Other Citations |
Ehsanullah Reki v. Abdul Qadir Baloch 2010 SCMR 1271,
Aftab Shahban Mirani v. Muhammad Ibrahim PLD 2008 SC 779,
Mohinder Singh v. Chief Election Commissioner AIR 1978 SC 851,
A.C. Jose v. Sivan Pillai AIR 1984 SC 921
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
67,
70,
103,
103AA
|