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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

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SALMAN VS NAVEED ANJUM S. 9(1), Explanation---Representation of the People Act (LXXXV of 1976), S. 103AA(1) [since repealed]---Conditions under which the Election Commission ('the Commission') could declare a poll void under S. 9 of the Elections Act, 2017 ('the 2017 Act')---Scope---Implementation of an agreement restraining women from casting their votes in the constituency---Explanation to S. 9(1) of the 2017 Act simply added a presumption in the context of the ground of "implementation of an agreement restraining women from casting their votes" and provided that if the turnout of women voters was less than ten percent of the total votes polled in a constituency, the Commission may presume that the women voters had been restrained through an agreement from casting their votes---In pith and substance, this was all what the Explanation explained---Word "election" used in the Explanation was though somewhat confusing, but in order to harmonize and balance the meaning and import of the "Explanation" and also to keep it within the fold of the main provision, the word "election" may be read to mean "poll"---Explanation to S. 9(1), did not attract any "special case," where the "election" instead of the "poll" in the whole constituency may be declared void.

Other judgments reported in 2022 SCMR

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