| Case ID |
f7d504e5-709f-4000-8d26-dfded5207ca7 |
| Body |
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| Case Number |
Election Petition No. 20 of 2018 |
| Decision Date |
Aug 02, 2019 |
| Hearing Date |
Jul 26, 2019 |
| Decision |
The court found that the election petition filed by Abdul Qahar Khan Wadan was not maintainable due to non-compliance with the verification requirements set forth in Section 144(4) of the Elections Act, 2017. It was determined that the petition was verified by a Notary Public, which is not authorized to administer oaths as per the relevant laws. Therefore, the election petition was dismissed, emphasizing the necessity of adhering strictly to procedural requirements in election petitions. |
| Summary |
This case revolves around the dismissal of Election Petition No. 20 of 2018 by the Balochistan High Court due to non-compliance with the verification requirements mandated by the Elections Act, 2017. The petitioner, Abdul Qahar Khan Wadan, contested the election results for the constituency PB-21 Killa Abdullah-I, where Zamarak Khan Achakzai was declared the returned candidate. The court emphasized the importance of verifying election petitions as per the Civil Procedure Code, specifically highlighting that oaths must be administered by authorized persons, namely Oath Commissioners, rather than Notary Publics. This case underscores the critical nature of adhering to legal procedures in election disputes, reinforcing the principle that ignorance of law is no excuse. The decision aligns with precedents set in previous cases, stressing that procedural compliance is essential for the maintainability of election petitions. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDULLAH BALOCH, JUSTICE
|
| Lawyers |
Mr. Muhammad Amir Rana,
Barrister Zahoor Hassan Jamot,
Muhammad Dawood,
Muhammad Arif Achakzai,
Naseebullah Tareen,
Mr. Nasrullah Khan Achakzai,
Abdul Khair Achakzai
|
| Petitioners |
ABDUL QAHAR KHAN WADAN
|
| Respondents |
12 OTHERS,
ZAMARAK KHAN ACHAKZAI
|
| Citations |
2020 SLD 734,
2020 PLD 47
|
| Other Citations |
Iqbal Zafar Jhagra v. Khalil-ur-Rehman 2000 SCMR 250,
Malik Umar Aslam v. Sumera Malik and another PLD 2007 SC 362,
Gatron (Industries) Ltd. v. Government of Pakistan 1999 SCMR 1072,
Haji Ch. Masood Akhtar v. Election Commission of Pakistan 2005 CLC 172,
Zia ur Rehman v. Syed Ahmed Hussain and others 2014 SCMR 1015
|
| Laws Involved |
Elections Act, 2017,
Notaries Ordinance, 1961,
Civil Procedure Code (V of 1908)
|
| Sections |
144(4),
8(1)(e),
O.VI,R.15,
O.VII,R.11,
139
|