11/2018 E.P Hafiz Rabnawaz Chachar (Petitioner) V/S Federation of Pakistan & others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 26-NOV-18
Section 156(2) disclosed that if the contravention of the corrupt or illegal practice is proved at the polling station, the Election Tribunal may, while declaring election of the returned candidate void, direct re-poll at the polling station. The Tribunal was further coached with the negative covenant that the election of the returned candidate shall not be declared void on the ground if the Tribunal is satisfied that it was not committed by or with the consent or connivance of the candidate or his election agent and that the election agent took all reasonable precautions to prevent its commission and that any other contesting candidate was, on the nomination day, not qualified for or was disqualified from being elected as a Member. The law as framed couched very heavy burden on the petitioner not only to make out a case within the parameters of the recent Election Act that corrupt practice was exercised but also that it was done in connivance with the returned candidate.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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