Malik ABDUL RAOOF vs Khawaja MUHAMMAD SADIQ, ADDITIONAL — 1970 SCMR 140

Citation: 1970 SCMR 140

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-02

Parties: Malik ABDUL RAOOF vs Khawaja MUHAMMAD SADIQ, ADDITIONAL COMMISSIONER (REVENUE) AND ELECTION TRIBUNAL, SARGODHA AND Another

Headnotes

Case cited as 1970 SCMR 140

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar Title:Malik ABDUL RAOOF vs Khawaja MUHAMMAD SADIQ, ADDITIONAL COMMISSIONER (REVENUE) AND ELECTION TRIBUNAL, SARGODHA AND Another Case No.:Civil Petition for Special Leave to Appeal No. 187 of 1967 Writ Petition No. 1334 of 1965 Date of Judgment:1967-10-02 Reported As: 1970 SCMR 140 Result: Leave granted Judgment ORDER CORNELIUS, C. J.-A point of substantial importance , arises in this case. The High Court, in Letters Patent appeal has held that an Election Tribunal, when it allows a petition against an election to a Basic Democracy, has complete discretion to decide whether to declare the defeated candidate (there were only two contestants) to have been duly-elected, or to declare the election void; so that a fresh election becomes necessary. The findings of the Tribunal were as follows :- (1) for a period during the polling the lock and seal on one of the ballot boxes were not intact they were secured when the fact was discovered ; (2) Counting of votes was done by the Returning Officer and not by the Presiding Officer as required by law (3) at one polling station, the Polling Officer and a Polling . Clerk, were persons who were, the one indirectly, the other directly, under the authority and influence of a person who was the Election Agent of one candidate ; and (4)the polling camp of this candidate was within 35 yards of the polling booth. Leave to appeal is granted. Security-Rs. 1,000.…

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