| Case ID |
d4cc52cc-72dc-421c-83bb-1745b4884891 |
| Body |
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| Case Number |
Election Petition No. 07 of 2018 |
| Decision Date |
Jan 15, 2019 |
| Hearing Date |
Nov 12, 2018 |
| Decision |
The court concluded that the election petition was not maintainable due to failure to comply with mandatory verification requirements. The petition lacked proper signatures and was not verified in accordance with the Civil Procedure Code and the Elections Act. Consequently, the court dismissed the petition on grounds of procedural defects that were deemed fatal. This decision emphasized the necessity for strict adherence to verification protocols to ensure the integrity of election petitions. |
| Summary |
In the case of Election Petition No. 07 of 2018, the Sindh High Court addressed significant procedural issues concerning the verification of election petitions under the Elections Act, 2017 and the Civil Procedure Code. The court ruled that the petition filed by Ghulam Murtaza Shaikh against Meer Nadir Ali Magsi was not maintainable due to non-compliance with mandatory verification requirements. Specifically, the verification clause was not signed by the petitioner, and the affidavit lacked essential details as required by law. The decision underscored the importance of following legal protocols meticulously in election-related matters to uphold the electoral process's integrity. The ruling serves as a precedent in future election petitions, emphasizing that any procedural defects could lead to dismissal. The court's interpretation of the laws involved, including the Elections Rules, 2017, and the Elections Act, 2017, highlights the strict nature of compliance needed in such cases. Legal representatives for both sides presented their arguments on the maintainability of the petition, but the court ultimately sided with the objections raised by the respondents, leading to a dismissal of the petition. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHAFI SIDDIQUI,
MUZAFFAR ALI BROHI
|
| Lawyers |
Mukesh Kumar G. Karara,
Sajjad Muhammad Zangejo No.1,
Shahryar Imdad Awan
|
| Petitioners |
Ghulam Murtaza Shaikh
|
| Respondents |
MEER NADIR ALI MAGSI,
14TH OTHERS
|
| Citations |
2020 SLD 182,
2020 CLC 92
|
| Other Citations |
Lt. Col. (Rtd.) Ghazanfar Abbas Shah v. Mehr Khalid Mehmood Sargana and others 2015 SCMR 1585,
Election Petition No.S-03 of 2018
|
| Laws Involved |
Elections Rules, 2017,
Civil Procedure Code (V of 1908),
Elections Act, 2017
|
| Sections |
R.140,
S.39,
O.VI,
R.14,
R.15,
142,
143,
143(3),
144,
144(4),
145(1)
|