Syed IFTIKHAR HUSSAIN vs IJAZ AHMAD CHEEMA and another
This matter comes before the Supreme Court of Pakistan as an appeal against an interlocutory or procedural order passed by an Election Tribunal regarding the recounting of ballot-papers and the summoning of election records. The core legal question concerns the handling of disputed ballot-papers bearing double seals and whether objections regarding their validity can be examined and adjudicated by the Tribunal during the proceedings. The Supreme Court disposed of the appeal as withdrawn after recording the statement of the appellant's counsel that the appeal would not be pressed if an assurance was given that the appellant would be afforded a hearing by the Election Tribunal on the specific written objections raised concerning the invalidity of the ballot-papers. The Court laid down the principle that an election petitioner or contesting candidate is entitled to be heard by the Election Tribunal on validly raised written objections regarding tampered or doubly-sealed ballot-papers during the recount process.
- Whether an Election Tribunal is bound to hear objections regarding the validity of ballot-papers raised during a recount?
- Can an appellant withdraw an appeal upon receiving an observation from the court ensuring a hearing by the Election Tribunal?
ORDER
1. SAJJAD ALI SHAH, C.J.---Grievance of the appellant is that Election Tribunal while hearing the petition had summoned the record and bags containing ballot-papers for the purpose of recounting. There is another order dated 31-7-1994 at P-17/A providing for record of votes in which it is stated in very clear terms that if any dispute is raised about validity or otherwise of any ballot- paper, the same shall be put and referred to the Tribunal for decision. It is submitted on behalf of appellant that the votes have been invalidated by tempering with by putting double seals and an objection was raised in writing at that'time. It is manifest from the impugned order that such objection can be examined during hearing by the Tribunal to give final decision. Dr. Basit states that he will withdraw this appeal if he is assured that he will be heard by the Tribunal on the objection raised by him with regard to the invalidity of ballot-papers at the time of recount. In the result the appeal is dismissed as withdrawn and we observe that appellant should be heard by the Tribunal with reference to the objection stated before us.
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