ALI NAWAZ SHAH vs ELECTION COMMISSION OF PAKISTAN S — 2023 YLR 2241 KARACHI-HIGH-COURT-SINDH

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ALI NAWAZ SHAH VS ELECTION COMMISSION OF PAKISTAN S. 174---Corrupt practice---Proof---Charge of corrupt practice cannot be proved on mere suspicion or doubt without giving date and time of a specific place/polling station. Citation Name: 2023 YLR 2241 KARACHI-HIGH-COURT-SINDHBookmark this Case ALI NAWAZ SHAH VS ELECTION COMMISSION OF PAKISTAN Ss. 139, 174 & 183---Election Rules, 2017, R.142---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Corrupt and illegal practice---Proof---Onus to prove---Principle--- Material facts---Petitioner contested election for Provincial Assembly but remained unsuccessful---Petitioner assailed election of respondent/ returned candidate on the plea of use of corrupt and illegal practices by the latter---Validity---Onus of proof was not discharged merely on preponderance of probabilities but standard of proof was required to be proved like a criminal or quasi-criminal charge, for which credible and reliable evidence was required to prove the charge beyond any reasonable doubt---Burden to prove illegal and corrupt practices was heavily upon petitioner and allegations were to be proved with such standard as was required for proving charge in criminal trial---In case of doubt arising out of material placed before Election Tribunal, its benefit was to go to the returned candidate---Election results were not to be set aside lightly---Will of electorates should ordinarily be respected---Setting aside an election result was a serious matter and should not be done lightly---Transparency of elections was the core of democratic system---Material facts were to include complete chain of material event and basis in support of allegations---Material facts meant a complete bundle of facts which were sufficient for giving cause of action and must be specifically averted as to how the result of petitioner was materially affected---There should not be any vagueness in allegation and in case the petitioner does not comply with such requirement, there will be lack of material facts and particulars and the election petition can be dismissed---Allegations levelled by petitioner in the present case were frivolous, vague and indefinite without support of adequate statements of material facts regarding truth for a recount---High Court declined to interfere in election results as petitioner failed to establish the allegations---Election petition was dismissed, in circumstances. Citation Name: 2023 YLR 2241 KARACHI-HIGH-COURT-SINDHBookmark this Case ALI NAWAZ SHAH VS ELECTION COMMISSION OF PAKISTAN Ss. 174 & 183---Corrupt and illegal practice--- Presumption--- Scope---Presumption of innocence is available to the person charged---Charge is to be proved to standard of proof as in a criminal trial.

ALI NAWAZ SHAH vs ELECTION COMMISSION OF PAKISTAN S — 2023 YLR 2241 KARACHI-HIGH-COURT-SINDH

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