Corrupt practice

2023 YLR 2241 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 174Corrupt practiceProof

Charge of corrupt practice cannot be proved on mere suspicion or doubt without giving date and time of a specific place/polling station.

2017 PLD 159 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 78(3)(4), 82 & 94(1)Corrupt practiceCognizance of offenceCancellation of election resultPetitioner contested election for Member Provincial Assembly and was declared returned candidate

Election Commission declared B.A. degree of petitioner as forged, therefore, his election was declared void and criminal complaint against him was filed

Plea raised by petitioner was that tenure of Provincial Assembly of which petitioner was elected as a Member completed its term, therefore, Election Commission lacked jurisdiction to investigate allegations levelled against him

Validity

Election Commission did not lack jurisdiction as it had started action against petitioner in compliance with the directions of Supreme Court

When B.A. degree of petitioner was found bogus criminal proceedings were ordered to be initiated against him

No limitation existed for initiation of criminal proceedings against any accused of a cognizable offence

Election Commission, during thorough investigation, collected sufficient incriminating material/evidence to connect petitioner with commission of offence falling within the mischief of S.82 of Representation of the People Act, 1976

Action taken by Election Commission against petitioner was within the mandate given by Supreme Court

High Court did not find any legal or jurisdictional defect in the order calling for interference by High Court in exercise of constitutional jurisdiction

Constitutional petition was dismissed in circumstances.

2016 CLC 458 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 78(3)(d), 82 & 94Corrupt practiceFake degree, determination of

Petitioner was Member Provincial Assembly and her grievance was that Election Commission of Pakistan could not file complaint against Trial Court after holding that her educational degree was fake

Validity

Complaint against Corrupt Practice of using forged document to claim an educational qualification, could be filed even by a private person

Supreme Court had directed Election Commission of Pakistan to investigate the matter first and the intention would be to avert uncalled for proceedings against a parliamentarian

Law envisaged punishment for a private individual who had lodged a false or malafide complaint

Election Commission of Pakistan was neither directed nor had jurisdiction to sit as an adjudicating authority and give finding of fact, as done against the petitioner

Election Commission of Pakistan was required to hold an investigation and file complaint on the basis of positive and tangible evidence

High Court declared the order passed by authorities in excess of the mandate given by the Supreme Court, against the spirit of law, passed without jurisdiction and nullity in the eyes of law

Petition was allowed in circumstances.