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

UMAIR WASI CHAUDHARY vs The ELECTION COMMISSION OF PAKISTAN S — 2024 CLC 1265 ISLAMABAD

Case information

Citation
2024 CLC 1265 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
UMAIR WASI CHAUDHARY vs The ELECTION COMMISSION OF PAKISTAN S
Subject matter
Criminal
Provisions referred to
S. 95; Civil Procedure Code (V of 1908); 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

UMAIR WASI CHAUDHARY VS The ELECTION COMMISSION OF PAKISTAN S. 95(5)(a)---Civil Procedure Code (V of 1908), O.VIII, R.5---Constitution of Pakistan, Art.199---Constitutional petition---Election dispute---Consolidation of result---Recounting of ballot papers---Victory margin less than 5% of ballot papers---Petitioner was declared as returned candidate after initial counting of votes but on recount of ballot papers, respondent was declared as returned candidate---Validity---Petitioner did not deny that the margin of victory between him and respondent candidate was less than 5% of total votes polled in concerned constituency---Such difference of votes satisfied the condition stipulated in S. 95(5)(a) of Elections Act, 2017, for Returning Officer to recount ballot papers of one or more polling stations upon request---Liberal construction of law warranted to hold that Returning Officer's failure to recount ballot papers or to pass an order in respect of respondent candidate's application despite such application meeting the prescribed threshold amounted to rejection of such application---High Court declined to interfere in the matter as petitioner failed to point out any illegality or infirmity or jurisdictional defect in the order passed by Election Commission of Pakistan resulting in miscarriage of justice---Recount had taken place since filing of petition before High Court and petitioner had invoked equitable jurisdiction but did not point out any error in result of such recount whereby respondent candidate was declared successful candidate---Petitioner did not institute any legal proceedings before any other forum to challenge the order passed by Election Commission of Pakistan---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2024 CLC

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