AZMAT ALI vs Ch. GHULAM RASUL AND Another Case No — 1970 SCMR 53

Citation: 1970 SCMR 53

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-06

Parties: AZMAT ALI vs Ch. GHULAM RASUL AND Another

Headnotes

Result: leave granted Judgment ORDER S. RAHMAN, J.-In this case it was found by the Election Tribunal that the secrecy of the ballot has been violated by the act of the Presiding Officer, who noted the numbers of the voters on the ballot papers as well as on their counterparts the Tribunal therefore set aside the election and ordered a fresh election.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Dr. Sheikh Abdul Rahman, Muhammad Yaqub Ali Khan Title: AZMAT ALI vs Ch. GHULAM RASUL AND Another Case No.:Civil Petition for Special Leave to Appeal No. 264 of 1967 Writ Petition No. 902 of 1965 Date of Judgment:1967-10-06 Reported As: 1970 SCMR 53 Result: leave granted Judgment ORDER S. A. RAHMAN, J.-In this case it was found by the Election Tribunal that the secrecy of the ballot has been violated by the act of the Presiding Officer, who noted the numbers of the voters on the ballot papers as well as on their counterparts the Tribunal therefore set aside the election and ordered a fresh election. The respondent approached the High Court in writ jurisdiction and succeeded in obtaining an order setting aside the Election Tribunal's order dated the 5th May 1965, with no order as to costs. This is a petition for Special Leave to Appeal on behalf of Azmat Ali, calling in question the order of the High Court. The learned Judges of the High Court have taken the view that rule 36(1-A) of the Electoral College Rules, 1964, only enables the Tribunal to declare an election void if the result of the election had been materially affected by reason of the failure of any person to comply with; or the contravention of any provision of the Act, or these Rules. The learned Judges were of the opinion that this condition had not been satisfied in the present case, although it was found that the secrecy of the ballot had been…

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