| Case ID |
ffe56497-da4a-4f1f-9ae4-37a0d71d1746 |
| Body |
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| Case Number |
Election Appeal No.1-A of 2014 |
| Decision Date |
Apr 30, 2014 |
| Hearing Date |
|
| Decision |
The appeal was dismissed in limine. The Lahore High Court found no legal infirmity or jurisdictional error in the impugned order dated 25-4-2014 passed by the Returning Officer. The appellant's objections were unfounded as the respondent was not directly found guilty of corrupt or illegal practices under any law, and thus his candidature did not suffer from disqualification under section 99(1-A)(l) of the Representation of the People Act, 1976. The costs of the election petition were considered a personal financial obligation and did not fall within the ambit of government dues or public exchequer. |
| Summary |
This case, Election Appeal No.1-A of 2014, was heard by the Lahore High Court and involved the Representation of the People Act, 1976. The key issue was the disqualification of a candidate due to alleged illegal practices during elections. The appellant, Muhammad Adnan, objected to the nomination papers of the respondent, citing two main reasons: default on the cost of an election petition and involvement in illegal practices. The court found that the costs were a personal obligation and not government dues, and the respondent was not directly guilty of illegal practices. Therefore, the candidature did not suffer from disqualification. The decision, dated 30-04-2014, dismissed the appeal, upholding the Returning Officer's order. This case highlights the legal nuances in election laws, focusing on disqualification criteria and the interpretation of government dues. The decision underscores the importance of direct involvement in illegal practices for disqualification, setting a precedent for future cases involving election disputes. Keywords: election law, disqualification, government dues, illegal practices, Lahore High Court. |
| Court |
Lahore High Court
|
| Entities Involved |
Returning Officers,
Election Tribunal Lahore
|
| Judges |
ABDUS SATTAR ASGHAR,
MUHAMMAD ANWAARUL HAQ
|
| Lawyers |
Rana Zia ur Rehman,
Ms Misbah Serwar
|
| Petitioners |
MUHAMMAD ADNAN
|
| Respondents |
RETURNING OFFICER, PP-136, NAROWAL
|
| Citations |
2014 SLD 1749,
2014 CLC 1076
|
| Other Citations |
Not available
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
99(1-A)(l),
77,
14,
63(1)(o)
|