Shabbir Hussain Khan vs Ajmal Asif and others
This matter arises from an appeal before the Supreme Court of Pakistan concerning an election dispute. The core legal question was whether the Election Tribunal could properly resolve the issues involved in the case despite an inadequacy of evidence on the record. Upon agreement of the learned counsel for the parties, the Court held that the Election Tribunal failed to give findings on key issues dependent upon evidence due to such inadequacy. Consequently, the Court allowed the appeal by consent, set aside the impugned judgment, and remanded the matter back to the Election Tribunal for a fresh decision after allowing the parties to lead evidence. The key principle laid down is that an election matter involving disputed issues dependent upon evidence must be remanded for a fresh decision when the record lacks adequate evidence, ensuring parties are provided the opportunity to substantiate their cases.
- Can an election appeal be remanded to the Election Tribunal for a fresh decision when the record suffers from an inadequacy of evidence?
- May the Supreme Court set aside an impugned judgment of an Election Tribunal upon the agreement and consent of the parties?
ORDER
' MIAN SAQIB NISAR, J. --- Learned counsel for the parties agree that on account of inadequacy of evidence on the record, the Election Tribunal could not give finding on the issues involved in the matter which were dependent upon the evidence. Thus the respondent's counsel (rather counsel for the parties) has no objection if this appeal is allowed, the impugned judgment is set aside and the matter is remanded to the Election Tribunal, to enable the parties to lead evidence on all the issues and to re-decide the matter afresh.
2. In light of the above, this appeal is allowed the impugned judgment is set aside and the matter is remanded to the Election Tribunal to decide the matter afresh, without fail, within a period of two months from the date of first appearance of the parties before it. The parties are directed to appear before the Election Tribunal on 13-04-2015.