| Case ID |
e277c577-d273-4184-85e8-0edd502f5131 |
| Body |
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| Case Number |
Civil Appeals Nos. 93 and 94 of 1985 |
| Decision Date |
May 26, 1985 |
| Hearing Date |
May 15, 1985 |
| Decision |
The Supreme Court of Pakistan ruled on the qualifications of candidates for the Senate elections, declaring the elections of the appellants void due to their lack of qualification as technocrats. The appellants had sought interim suspension of the Election Tribunal's order, arguing that their representation in the Senate was essential. The Court found the case to be arguable and suspended the Tribunal's order, allowing the appellants to be treated as elected members pending the final decision on the appeals. The Court emphasized the need for an early hearing to minimize losses to the constituency, thus maintaining the status quo until the case could be conclusively resolved. |
| Summary |
This case revolves around the interpretation of qualifications for candidates in the Senate elections under the Senate (Election) Act, 1975. The Supreme Court of Pakistan examined the appeals of IHSANUL HAQ PIRACHA and others who were declared unqualified by the Election Tribunal as technocrats. The Court focused on the definition of 'technocrat' and the implications of such qualifications on the electoral process. By temporarily suspending the Tribunal's decision, the Court aimed to prevent unnecessary expenditure and ensure representation for the Punjab Province in the Senate. The ruling underscores the importance of clear legal definitions and qualifications in the electoral framework, highlighting the balance between adherence to the law and the practical implications of election outcomes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSAIN,
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
ZAFFAR HUSAIN MIRZA, JJ
|
| Lawyers |
Fakhruddin G. Ebrahim, Senior Advocate Supreme Court,
M. Aslam Chaudhry, Advocate-on-Record,
Raja Muhammad Anwar, Advocate Supreme Court
|
| Petitioners |
IHSANUL HAQ PIRACHA and others
|
| Respondents |
WASIM SAJJAD and others
|
| Citations |
1985 SLD 863,
1985 SCMR 1553
|
| Other Citations |
PLD 1976 S C 625
|
| Laws Involved |
Supreme Court Rules 1980,
Senate (Election) Act (LI of 1975)
|
| Sections |
O. XX, r. 1,
S. 48(3)
|