Fatah Ullah Khan vs Jamil Ahmed Ss — 2024 YLR 2099 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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

Fatah Ullah Khan VS Jamil Ahmed Ss.93, 94 & 155---Civil Procedure Code (V of 1908), O.XX, R. 5---Election dispute---Postal ballots---Proof---Issue-wise finding, absence of---Effect---Appellant was declared as returned candidate who became member of Legislative Assembly---On a dispute over postal ballots, Election Tribunal allowed election petition filed by respondent and declared appellant unsuccessful and respondent was declared returned candidate---Election Tribunal in its judgment did not give issue-wise findings on all issues raised by parties---Validity---Election Tribunal failed to deliver judgment as was required under the law---Election Tribunal was to attend to points raised and record its findings with reasons on all questions raised by it---Judgment in question had to reflect judicial application of mind to material issues involved---Each and every material fact was not duly considered and objections were not repelled by recording cogent reasons and considering entire evidence on record---Respondent in his election petition took a specific stance that Returning Officer during process of issuing and receipt of postal ballot papers and final count violated provisions of Ss. 93 & 94 of Elections Act, 2017---Material / legal issues were framed by Election Tribunal but neither material witness (Returning Officer) was produced and examined nor any request was made for calling him as Court witness in order to substantiate allegations---Election Tribunal while deciding matter of postal ballot papers did not redress genuine grievance / joint request of parties for forensic verification of postal ballot papers in a legal and proper manner---Supreme Appellate Court set aside judgment in question and remanded the matter to Election Tribunal for decision afresh---Supreme Appellate Court directed Election Commission to restore earlier notification in favour of appellant whereby he was declared as returned candidate---Appeal was allowed accordingly.

Fatah Ullah Khan vs Jamil Ahmed Ss — 2024 YLR 2099 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 YLR