| Case ID |
d8590789-e9b4-46cb-89d4-7d927b29587c |
| Body |
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| Case Number |
Civil Petition No. 1760 of 2002 |
| Decision Date |
Apr 05, 2004 |
| Hearing Date |
|
| Decision |
The Supreme Court accepted the appeal of Haji Alam Sher, setting aside the Lahore High Court's order. The Court directed the Election Commission to hold fresh elections for both the offices of Nazim and Naib Nazim. The Court found that the matriculation certificate of the respondent was bogus and that the election of the respondents was declared illegal. The Court emphasized the importance of statutory qualifications for candidates and ruled that the disqualification of candidates must be publicly known, thus rendering the previous elections invalid. |
| Summary |
In the landmark case, Haji Alam Sher contested his disqualification in the Punjab Local Government Elections. The Supreme Court of Pakistan addressed the legality of the election process, focusing on the qualifications necessary for candidates. The Court determined that the matriculation certificate of the opposing candidate was fraudulent, leading to the invalidation of their election. This case underscored the critical nature of maintaining the integrity of election qualifications and the procedures involved in local government elections. The ruling has implications for future elections, emphasizing the need for transparency and proper verification of candidate qualifications, which is vital for a robust democratic process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Nazim Hussain Siddiqui, C.J.,
Javed Iqbal,
Abdul Hameed Dogar
|
| Lawyers |
Ch. Mushtaq Ahmed Khan,
M.S. Khattak,
Sardar Muhammad Ghazi,
M.A. Zaidi
|
| Petitioners |
Haji Alam Sher
|
| Respondents |
Malik Muhammad Nawaz,
Malik Ghulam Abbas
|
| Citations |
2004 SLD 1077,
2004 SCMR 1021
|
| Other Citations |
Mian Ahmad Saeed and others v. Election Tribunal for Kasur at Okara and others 2003 SCMR 1611,
Bashir Ahmed Bhanbhan v. Shaukat Ali Rajpur (Civil Appeals Nos. 1 and 5 of 2004)
|
| Laws Involved |
Punjab Local Government Elections Ordinance (V of 2000),
Punjab Local Government Elections Rules, 2000,
Constitution of Pakistan (1973)
|
| Sections |
14(e),
154(1),
16(3),
80,
81,
185(3)
|