| Case ID |
e30a8ca9-9cfa-4a13-af18-3f5c4759ab94 |
| Body |
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| Case Number |
Civil Appeal No. 4 of 1966 |
| Decision Date |
Feb 10, 1966 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the decision of the Presiding Officer to exclude certain ballot papers was unjustified and not based on any lawful authority. The Court emphasized that ballot papers cast without defects should not be rejected arbitrarily. Furthermore, the Court clarified that the High Court has the jurisdiction to review decisions made by election authorities. The appeal was dismissed, affirming the High Court's decision to set aside the orders of the Presiding Officer and the Election Tribunal, thereby declaring the appellant duly elected. The Court asserted that the interpretation of law should not lead to unjust outcomes for electors and that procedural errors should not invalidate votes cast in good faith. |
| Summary |
The case of Akbar Ali vs. Raziurrahman Khawaja revolves around the electoral process and the validity of ballot papers in the context of the Electoral College Act (IV of 1964). The Supreme Court examined the actions of the Presiding Officer who canceled several ballot papers deemed 'spoilt' despite them being free of defects. The Court held that the High Court rightly set aside the decisions of the Presiding Officer and the Election Tribunal, emphasizing the importance of lawful authority in electoral matters. This case highlights the principles of electoral fairness, the significance of proper ballot handling, and the High Court's role in ensuring just electoral practices. The decision reinforces the idea that technicalities should not overshadow the democratic process, ensuring that every valid vote is counted. This ruling is pivotal for understanding electoral laws and the responsibilities of election officials. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Election Tribunal,
Electoral College
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLEAKBAR,
HAMOODUR RAHMAN,
MUHAMMAD YAQUB ALI, J.
|
| Lawyers |
M.B. Zaman, Senior Advocate, Supreme Court,
Gul Muhammad Butt, Advocate Supreme Court,
Khawaja Nazir Ahmad & Co., Senior Attorney for Appellant,
Nasim Hasan Shah, Senior Advocate Supreme Court,
Shaukat Ali Khawaja, Advocate, Supreme Court,
Khalilur Rahman, Attorney No. 1
|
| Petitioners |
Akbar Ali
|
| Respondents |
Raziurrahman Khawaja,
The Election Tribunal, Sargodha Division,
Abdul Wahid, Presiding Officer,
Imtiaz Ahmad Sahi, Magistrate, 1st Class, Lyallpur
|
| Citations |
1966 SLD 60,
1966 PLD 492
|
| Other Citations |
Mian Jamal Shah v. The Member Election Commission etc. P L D 1966 S C 1
|
| Laws Involved |
Electoral College Act (IV of 1964),
Constitution of Pakistan (1962)
|
| Sections |
43,
45,
40,
46,
98,
171(1)
|