| Case ID |
ebe61df5-6551-474f-8d17-bb48518e6594 |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
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| Hearing Date |
Jun 14, 2010 |
| Decision |
The court ruled that the recount of votes could not be ordered as a routine measure. It was emphasized that the fact that rejected votes were not checked during the consolidation of results must be proven by evidence. The learned counsel for the petitioner argued that the rejection of ballots by the Presiding Officer was not adequately scrutinized, which materially affected the election results and constituted a gross miscarriage of justice. The court noted that recounts require substantial proof and cannot be granted without evidence being recorded. The petition was dismissed, but a local commission was appointed to record evidence concerning the rejected votes. |
| Summary |
In the case at hand, the Election Tribunal of Punjab examined the validity of election results concerning the recount of votes as per the Representation of the People Act, 1976. The pivotal issue was whether the rejected votes were adequately reviewed during the results consolidation process. The petitioner, Chaudhary PERVEZ ELAHI, argued that the failure to check the rejected ballots led to an unjust outcome. The court underscored the necessity of providing evidence to support claims regarding the handling of rejected votes. Moreover, it stated that recounting should not occur routinely but must be justified through recorded evidence. The ruling dismissed the petition, while appointing a local commission to ensure proper evidence gathering. This case highlights the critical importance of electoral processes and the adherence to legal standards in determining election outcomes, ensuring a transparent and fair electoral system. Key phrases include 'election tribunal', 'vote recount', 'evidence in electoral disputes', and 'representation of the people act'. |
| Court |
Election Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
RAUF AHMAD SHEIKH, J
|
| Lawyers |
Ch. Farooq Haider,
Malik Muhammad Kabir
|
| Petitioners |
Chaudhary PERVEZ ELAHI
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| Respondents |
2 others,
MUHAMMAD FAIZ TAMMAN
|
| Citations |
2010 SLD 2424,
2010 CLC 1490
|
| Other Citations |
Sahibzada Muhammad Nazeer Sultan v. Saima Akhtar Bharwana and others PLD 2007 Lah. 141,
Muhammad Sarwar and another v. Election Commission of Pakistan through Secretary and 17 others 2006 YLR 502,
Muhammad Tariq Zakhmi and another v. Election Tribunal/District and Sessions Judge Hafizabad and 13 others 2002 MLD 284,
Kanwar and 2 others v. Irshad Ali and 2 others PLD 1986 SC 483,
Pervaiz Bashir Wariach and another v. Election Tribunal/District and Sessions Judge Hafizabad and 4 others 2006 CLC 1407,
Rai Asghar Ali Khan v. District and Sessions Judge Kasur and 2 others 2002 YLR 1324,
Muhammad Saeed Qazi and another v. Election Tribunal/Additional District and Sessions Judge Lahore and 16 others 2004 CLC 631,
Nadeem Ahmad Wains and another v. Election Tribunal and 5 others PLJ 2006 Lah. 209,
Zulfiqar Ali v. Election Tribunal/Civil Judge Ist Class Khanpur and 5 others 2000 MLD 746
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| Laws Involved |
Representation of the People Act, 1976,
Representation of the People (Conduct of Election) Rules, 1977
|
| Sections |
39(3),
52,
26(2)
|