Mian MUHAMMAD MUNIR vs ELECTION TRIBUNAL And Other
This matter originated as a petition for leave to appeal against a High Court judgment that dismissed a writ petition challenging an Election Tribunal's order declaring the petitioner's election to the Lahore Municipal Corporation void. The petitioner contended that the irregularities identified by the Election Tribunal were insufficient to materially affect the election result and that there was no evidence linking the petitioner to the alleged illegalities. Upon review, the Supreme Court noted that the respondent did not dispute these contentions and consented to the setting aside of the lower court orders. Consequently, the Supreme Court converted the petition into an appeal, set aside the judgments of both the High Court and the Election Tribunal, and dismissed the original election petition. The judgment reaffirms the principle that for an election to be declared void based on irregularities, it must be demonstrated that such irregularities materially affected the election result and were committed with the knowledge or connivance of the returned candidate.
- Can an election be declared void based on irregularities without evidence that they materially affected the result?
- Is it necessary to prove that election irregularities were committed with the instigation or connivance of the returned candidate to set aside an election?
SAAD SAOOD JAN, J.--The petitioner, respondent No. 2 and respondent No. 3 were candidates in the election to the Lahore Municipal Corporation from the Electoral Unit No. 55. The petitioner received the highest number of votes and was declared elected. Respondent No. 2 filed an election petition before the Election Tribunal presided over by the Additional District Judge, Lahore. By an order, dated 29-7-1986 the Election Tribunal accepted the petition and declared the election void.
The petitioner invoked the constitutional jurisdiction of the High Court to challenge the order of the Election Tribunal. By its judgment and order, dated 22-9-1986 the High Court dismissed the writ petition. The petitioner now seeks leave to appeal from the judgment and order of the High Court.
2. The main contention of the petitioner in support of this petition is that the irregularities to which the learned Election Tribunal referred could not have materially affected the result of the election and that no evidence was led to show that these irregularities and illegalities had been committed at the instigation or with the connivance of the petitioner. The learned counsel appearing for respondent No. 2 does not dispute the contentions raised on behalf of the petitioner and has no objection if the orders of the High Court and the learned Election Tribunal are set aside. That being so, we convert this petition into appeal, set aside the orders of the High Court and the Election Tribunal and direct that the election petition filed by respondent No. 2 be dismissed. There will be no order as to costs in this petition.