Mian JAMAL SHAH vs THE SECOND ELECTION TRIBUNAL, WEST PAKISTAN, — 1970 SCMR 123

Citation: 1970 SCMR 123

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-10-03

Parties: Mian JAMAL SHAH vs THE SECOND ELECTION TRIBUNAL, WEST PAKISTAN, LAHORE AND Another

Headnotes

Case cited as 1970 SCMR 123

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title:Mian JAMAL SHAH vs THE SECOND ELECTION TRIBUNAL, WEST PAKISTAN, LAHORE AND Another Case No.:Civil Petition for Special Leave to Appeal No. 307 of 1967 Petition No. 293 of 1967 Date of Judgment:1970-10-03 Reported As: 1970 SCMR 123 Result: Leave granted Judgment ORDER CORNELIUS, C. J.-This case arises out of an election to the National Assembly from the Constituency described as N. W. F. Peshawar-2, held in March 1965. This Court dealt with questions relating to the count in an appeal by Mian Jamal Shah, the present petitioner, from a decision on the writ side by the High Court which had the effect of unseating him. The decision of this Court is published as Mian Jamal Shah v. Election Commis--sion (PLD 1966 SC 1). It had the effect of recalling an order of the High Court quashing a decision of the Election Commission, by a Member in an appeal by Mian Jamal Shah against the decision of the Returning Officer rejecting. 14 ballot- papers cast in his favour, which had the effect of giving Khan Nasrullah Khan a majority of four votes. The reason for the rejection was that a whole currency note was wrapped in twelve of them, a half currency note in one, and in the fourteenth there was enclosed a one-pice coin. Five other votes were rejected for two other reasons, on which account three of Khan Nasrullah Khan's votes were also rejected, but these are not matter of concern in the present case…

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