| Case ID |
eb583b45-e8b3-4a90-b3a8-e28bc5a37e11 |
| Body |
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| Case Number |
Writ Petition No. 1213 of 2005 |
| Decision Date |
Aug 10, 2005 |
| Hearing Date |
Aug 10, 2005 |
| Decision |
The court found no merit in the writ petition brought by the petitioners against the rejection of the nomination papers of the respondents. The petitioners contended that the respondents concealed their assets, but the court noted that the objection was only raised against one candidate and not both. Furthermore, the District Returning Officer determined that any defect in the assets declaration form was not intentional. The court emphasized that its role was not to substitute the opinion of a competent forum, especially when the opinion was based on solid reasoning. Hence, the writ petition was dismissed. |
| Summary |
In the case of Writ Petition No. 1213 of 2005, the Peshawar High Court addressed the challenges to the rejection of nomination papers based on allegations of asset concealment. The petitioners, Sardar Haroonur Rashid and Professor Muhammad Din, argued that the nomination papers of Muhammad Anwar and Sayyed Zahoor Hussain Shah were improperly rejected by the Returning Officer. However, the court found that the Returning Officer had only discussed one candidate's case and that there was no appeal against the other candidate's rejection. The court ruled that the District Returning Officer's decision was based on factual evidence and solid reasoning, which could not be interfered with through a constitutional petition. The court ultimately dismissed the petition, emphasizing the importance of maintaining the integrity of the electoral process and the limitations of judicial intervention in such matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD QAIM,
JAN KHAN,
SALIM KHAN
|
| Lawyers |
H. Ghulam Basit,
Saeed Khan, Addl. A.-G.
|
| Petitioners |
Sardar HAROONUR RASHID,
Professor Muhammad Din
|
| Respondents |
MUHAMMAD ANWAR,
Sayyed Zahoor Hussain Shah
|
| Citations |
2005 SLD 1438,
2005 CLC 1855
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Local Government Ordinance (XIV of 2001),
Constitution of Pakistan (1973)
|
| Sections |
S. 152(1)(i),
Art. 199
|