Act/Law wise: Judgment of Supreme Court of Pakistan
Representation of the People Act, 1976 (Pakistan) |
Section/Order/Article/Rule/Regulation |
Head Note |
Section-52
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Concealment of asset–
The Tribunal after framing issues and recording evidence of the parties,
accepted the Election Petition on the ground of concealment of asset.
Appellant’s election was declared void and fresh election in the
constituency was ordered. Being aggrieved by such decision the appellant
filed the present appeal.
Eventuality also he would have only claimed return of his investment plus
damages and nothing more. So the question of concealment of ownership in
Koh-e-Noor Textile Cotton Mills does not arise. The finding of the Election
Tribunal in these circumstances is not sustainable in law. .....Ch. Hamid
Hameed =VS= Barrister Abdullah Mumtaz (Civil), 2016-[1 LM (SC) 637] ....View Full Judgment
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Section 55
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Precise statement of facts should be stated in the election petition with
all material particulars with regard to the corrupt and illegal
practices–
In order to prove a plea of rigging there has to be material on record to
establish corrupt practices committed on behalf of the returned candidate.
Section 55 of the Representation of the People Act, 1976, therefore,
requires that precise statement of facts should be stated in the election
petition with all material particulars with regard to the corrupt and
illegal practices. In the present case however, only general allegations as
to rigging were made. The evidence that was led was so deficient that it
was not enough to establish prevalence of corrupt or illegal practices. We,
therefore, do not find any legal error in the impugned judgment, which
could warrant interference by this Court. This appeal is dismissed with no
order as to costs. .....Mir Saleem Ahmed Khosa =VS= Zafarullah Khan Jamali,
(Civil), 2017 (2)– [3 LM (SC) 97] ....View Full Judgment
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