← All Case Highlights

Mir Muhammad Sadiq Umrani and others V. Returning Officer, PB-11, Nasirabad-I and others,

MLD 2019 1130 · Balochistan High Court

This case involved two election petitions filed after the July 2018 general elections for a Provincial Assembly seat (PB-11, Nasirabad-I) in Balochistan. The losing candidates, Mir Muhammad Sadiq Umrani and Mir Shaukat Ali, challenged the victory of Mir Sikandar Ali Umrani, alleging that the election was rigged through fake votes, collusion with polling staff and the Returning Officer, improper last-minute changes of Presiding Officers, denial of result forms (Form-45) to their polling agents, and unjustified rejection of their recount requests. They also claimed the winning candidate had hidden assets and foreign trips, making him dishonest under Article 62(1)(f) of the Constitution.

The Balochistan High Court, acting as an Election Tribunal, examined witness testimony, affidavits, and official election records, including a report from the Returning Officer. It found that the petitioners' allegations were vague, general, and unsupported by specific evidence identifying who committed the alleged corrupt or illegal practices. The law requires strong, convincing, and cogent proof to unseat a returned candidate, and mere suspicion is not enough. The court also held that failing to declare an asset only matters if it was done to hide wrongdoing, which wasn't proven here.

Since the petitioners could not prove their claims beyond reasonable doubt, the court dismissed both election petitions, upholding Sikandar Ali Umrani's election. The case highlights how high the evidentiary bar

Read the full judgment →