PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD SALMAN vs NAVEED ANJUM S — 2022 SCMR 42 SUPREME-COURT

Case information

Citation
2022 SCMR 42 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD SALMAN vs NAVEED ANJUM S
Provisions referred to
S. 9; S. 103AA; People Act (LXXXV of 1976); Elections Act; People Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SALMAN VS NAVEED ANJUM S. 9(1)--- Representation of the People Act (LXXXV of 1976), S. 103AA [since repealed]---Powers and jurisdiction of the Election Commission ('the Commission') to declare a poll void under S. 9 of the Elections Act, 2017 ('the 2017 Act')---Scope---Power of the Commission to declare the poll at one or more polling stations or in the whole constituency void, being ancillary and incidental, was implied in the power conferred on the Commission by S. 9(1) of the 2017 Act to declare that grave illegalities or violations of the provisions of the 2017 Act or the Rules had materially affected the result of the poll and in its power to call upon the voters in the polling station or stations concerned or in the whole constituency, as the case may be, to recast their votes---Such was also the mandate of S. 103AA of the erstwhile law, i.e., the Representation of the People Act, 1976---Without declaring the result of the earlier poll(s) void (i.e., cancelled) the Commission could not call upon the voters to recast their votes, as results of two polls could not co-exist---Therefore, it was inevitable for the Commission to declare the result of the earlier poll(s) void before calling upon the voters to recast their votes.

Other judgments reported in 2022 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English