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Petitioner: Syed IFTIKHAR HUSSAIN VS Respondent: IJAZ AHMAD CHEEMA and another
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Irshad Hasan Khan Title: Syed IFTIKHAR HUSSAIN vs IJAZ AHMAD CHEEMA and another Case No.: Civil Appeal No. 638 of 1994 Date of Judgment:1994-11-27 Reported As: 1996 SCMR 943 Result: Appeal dismissed
Judgment ORDER SAJJAD ALI SHAH, C.J.---Grievance of the appellant is that Election Tribunal while hearing the petition had summoned the record and bags containing ballot-papers for the purpose of recounting. There is another order dated 31-7-1994 at P-17/A providing for record of votes in which it is stated in very clear terms that if any dispute is raised about validity or otherwise of any ballot- paper, the same shall be put and referred to the Tribunal for decision. It is submitted on behalf of appellant that the votes have been invalidated by tempering with by putting double seals and an objection was raised in writing at that'time. It is manifest from the impugned order that such objection can be examined during hearing by the Tribunal to give final decision. Dr. Basit states that he will withdraw this appeal if he is assured that he will be heard by the Tribunal on the objection raised by him with regard to the invalidity of ballot-papers at the time of recount. In the result the appeal is dismissed as withdrawn and we observe that appellant should be heard by the Tribunal with reference to the objection stated before us.