Mian Jamal Shah vs Nasrullah Khan — 1972 SCMR 496

Citation: 1972 SCMR 496

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 496

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Fazal-e-Akbar, Sajjad Ahmad Jan, Dr. Sheikh Abdul Rahman, Muhammad JUDGMENT Reported As: 1972 SCMR 496 Result: Appeal dismissed Judgment JUDGMENT FAZLE-AKBAR, J.-This appeal, by special leave, arises out of an election to the National Assembly from Constituency No. N. II, Peshawar-2, held in March 1965. Among the five candidates who contested the said election, Mian Jamal Shah and Nasrullah Khan secured 252 and 240 votes, respectively. It is not necessary to mention the number of votes secured by the other candidates. At the close of the polls the Presiding Officer while counting the votes found enfolded in the ballot papers cast in favour of Jamal Shah (i) 12 one-rupee currency notes in 12 ballot papers ; (ii) a half portion of five-rupee currency note in the ballot papers ; (iii) an old pice coin with a hole in it in another ballot paper, and (iv) 12 small chits bearing the writing "Bismillah-Hirrahman--Nirrahim" in 12 ballot papers. A similar chit with the inscription "Bismillah-Hirrahman--Nirrahim" was also found in one of the ballot papers of another candidate, but it is not relevant for the decision of this case. The Presiding Officer while preparing a statement as required under section 36 of the National and Provincial Assemblies (Elections) Act, 1964, herein-after referred to as the Act, detached the above foreign objects from the ballot papers and kept them separately in a sealed packet. The ballot papers were then…

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