Page 2 Leave to appeal was granted as both the Tribunal and the High Court had in arriving at contrary conclusions relied on certain observations in the judgment delivered in the case of Mian Jamal Shah v. Election Commissioner sand others — 1966 PLD 1

Citation: 1966 PLD 1

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

and it appeared expedient to clarify the rule laid down in that case. On hearing the learned counsel on either side and examining the records we find little force in the appeal.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, JUDGMENT Reported As: 1970 SCMR 347 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-In the election to the office of the Chairman the Union Committee No. 16 Kumharpura, Lahore, held on the 18th January 1966, there was contest between Ghulam Farid appellant and Muhammad Sharif respondent. Both the candidates polled equal number of votes whereupon lots were drawn, as provided in the rules, which favoured the respondent. The Presiding Officer thereupon declared him elected as Chairman. The result was challenged by the petitioner before the Tribunal under the West Pakistan Election of Chairman Rules on the grounds (1) that he had reasons to believe that some of the ballot papers of the respondent were not properly marked and (2) that the counting was done by the reader of the Presiding Officer which was no count in the eye of law'. Both the grounds raised in support of the election petition were ruled out by the Tribunal but as two of the five ballot papers cast in favour of the respondents bore the unprescribed mark `O' and `ofo' respectively he set aside the election in the view that these marks were placed possibly for purposes of identification. The respondent thereupon moved the High Court in writ jurisdic--tion for quashing the decision of the Tribunal as without lawful authority. It was urged that the ground on which the election was set aside was not…

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