| Case ID |
d516f496-50ac-4460-83b6-ec2cb57d4dee |
| Body |
View case body. Login to View |
| Case Number |
Election Appeals Nos. 25 and 51 of 2013 |
| Decision Date |
Apr 12, 2013 |
| Hearing Date |
|
| Decision |
The appeals were dismissed as the court found that the appellant failed to provide sufficient evidence regarding the disqualification of the respondent. The court noted that the respondent had provided documentary proof of his retirement from the Pakistan Air Force, which countered the disqualification claims. Additionally, the appellant could not provide any court decision to support claims regarding the authenticity of the respondent's educational degrees. The court emphasized that without concrete evidence, the allegations made by the appellant could not be upheld, leading to the conclusion that both appellants were validly nominated candidates. |
| Summary |
This case involves two election appeals regarding the candidacy of individuals contesting for a provincial assembly seat in Pakistan. The Lahore High Court examined the validity of the nomination papers submitted by the appellants. The main contention revolved around allegations that one of the respondents was a deserter from the Pakistan Air Force and had questionable educational qualifications. However, the court found that the respondent provided adequate proof of retirement from the Air Force, and the appellant failed to substantiate claims about the educational degrees. The court's decision emphasized the importance of credible evidence in election-related disputes, dismissing the appeals and affirming the nomination of the candidates. This case highlights key constitutional provisions regarding disqualifications for parliamentary membership under the Constitution of Pakistan and the Representation of the People Act. Keywords: election appeals, Lahore High Court, disqualification, Pakistan Air Force, educational qualifications, constitutional law, Representation of the People Act. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE RAUF AHMAD SHEIKH,
JUSTICE MAMOON RASHID SHEIKH
|
| Lawyers |
Shah Khawar,
Tanvir Iqbal
|
| Petitioners |
KARAM ELLAHI BANDIAL
|
| Respondents |
RETURNING OFFICER PP40, KHUSHABII
|
| Citations |
2013 SLD 2834,
2013 YLR 2226
|
| Other Citations |
Malik Saleh Muhammad Gunjial v. Kamran Elahi Bandial and others 2008 SCMR 1
|
| Laws Involved |
Constitution of Pakistan,
Representation of the People Act (LXXXV of 1976)
|
| Sections |
63(1)(n),
62,
14,
12
|