| Case ID |
dec3b0c4-a6a2-4c5e-bb28-1f15928f5467 |
| Body |
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| Case Number |
Civil Appeal No. 294 of 2015 |
| Decision Date |
Dec 10, 2015 |
| Hearing Date |
Dec 10, 2015 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Election Tribunal, which ordered re-election in 37 disputed polling stations due to illegal practices identified through the verification of thumb impressions by NADRA. The Court emphasized that the election process must reflect the will of the people and that re-polling was necessary where illegal practices occurred. The judgment clarified that the Election Tribunal had the jurisdiction to declare parts of an election void if it was determined that the result was materially affected by illegal voting practices, thus ensuring fairness and integrity in the electoral process. |
| Summary |
This case revolves around the challenges to the election results of the Sindh Provincial Assembly Seat No.PS-59-Badin (V) held on 11th May 2013. The petitioner, Muhammad Nawaz Chandio, contested the election results against Muhammad Ismail Rahu, alleging illegal practices including the casting of bogus votes in several polling stations. The Election Tribunal found merit in the allegations and ordered a re-election in 37 disputed polling stations, which was subsequently upheld by the Supreme Court. The Court underscored that the verification process by NADRA played a critical role in identifying the illegal votes, thus reinforcing the importance of electoral integrity. Key legal principles established include the necessity for compliance with the Representation of the People Act, the role of evidence in election petitions, and the jurisdiction of the Election Tribunal to grant partial relief in case of electoral malpractices. The case is significant for its implications on electoral law and the conduct of free and fair elections in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sindh Employees Social Security Institution,
Admajee Cotton Mills Ltd.
|
| Judges |
Mian Saqib Nisar,
Sh. Azmat Saeed,
Qazi Faez Isa
|
| Lawyers |
Farooq H. Naek,
Raja Abdul Ghafoor,
Wasim Sajjad,
Syed Rifaqat Hussain Shah
|
| Petitioners |
Muhammad Nawaz Chandio
|
| Respondents |
Sindh Employees Social Security Institution,
Muhammad Ismail Rahu,
Admajee Cotton Mills Ltd.
|
| Citations |
2016 SLD 516 = 2016 SCMR 875
|
| Other Citations |
PLD 1975 SC 32,
2015 SCMR 1585,
2012 SCMR 6,
1997 SCMR 641,
1992 SCMR 710
|
| Laws Involved |
Representation of the People Act, 1976,
Civil Procedure Code (V of 1908)
|
| Sections |
55(3),
O.VI,R.15
|