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Muhammad Usman Pirkani vs Ali Madad Returned Candidate, PB-45, Quetta-VIII Balochistan Ss — 2026 YLR 581 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 YLR 581 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
YLR
Parties
Muhammad Usman Pirkani vs Ali Madad Returned Candidate, PB-45, Quetta-VIII Balochistan Ss
Provisions referred to
S. 144

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 Usman Pirkani VS Ali Madad Returned Candidate, PB-45, Quetta-VIII Balochistan Ss. 139, 142, 144(1)(b) & 156--- Election dispute--- appreciation of evidence---Corrupt and illegal practice---Form 45---Proof---Declaring election void---Necessary ingredients--- Petitioner assailed election result on the ground of corruption and illegal practice during election process--- Validity---It was incumbent upon petitioner, within the scope of S.144 (1)(b) of Elections act, 2017 to provide full particulars of any corrupt or illegal practice or other illegal act alleged to have been committed including names of parties who were alleged to have committed such corrupt or illegal practice or illegal act and date and palace of commission of such practice or act--- Instead of meeting such legal requirement by identifying voters whose details were allegedly altered in Pictorial Voter Lists, the petitioner threw excessively wider net and resorted to unfounded accusations against polling staff--- Even witnesses produced by petitioner failed to name a single member of polling staff or any other individual who according to them had committed rigging during election process--- Petitioner neither in his petition nor at any stage during the trial made any effort to get forensic analysis of thumb impression of Election Officials--- In case petitioner intended to prove beyond reasonable that Form-45, he had been relying upon, bore original thumb impression of Election Officials, he could have filed specific application in such regard or should have asserted such fact in his petition but he did not do so--- Election Tribunal declined to interfere in the election result, as there existed no ground for declaring election of respondent / returned candidate void--- Election petition was dismissed in circumstances.

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