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The Mandatory Submission of Original Affidavits under the Election Act, 2017, was not fulfilled, rendering the Petition Defective --- Supreme Court of Pakistan set aside Election Tribunal’s Decision due to Lack of Credible Evidence

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Islamabad 18-12-2024: The Supreme Court of Pakistan has overturned the Election Tribunal’s decision that annulled the election of Ubaidullah from PB-28 Quetta-VII and ordered fresh polls in 16 disputed polling stations. The apex Court ruled that the election petition filed by the losing candidate, Haji Atta Muhammad Bangulzai, was procedurally defective and violated mandatory requirements under the Election Act, 2017.

Delivering the judgment, the bench comprising Mr. Justice Shahid Waheed, Mr. Justice Irfan Saadat Khan, and Mr. Justice Aqeel Ahmed Abbasi emphasized the critical importance of procedural compliance in election disputes.

The Court highlighted that the Petitioner failed to submit original affidavits as required under Section 144(2)(a) of the Election Act, 2017. Instead, only notarized photocopies were submitted, which did not satisfy the mandatory legal requirement. The Court ruled that this defect rendered the election petition non-maintainable.

Relying on Section 145 of the Election Act, the Court clarified that election petitions must strictly adhere to procedural requirements, and non-compliance warrants summary rejection.

The bench noted that the allegations of rigging and manipulation at 16 polling stations were not substantiated with credible evidence. The burden to prove such claims lies on the Petitioner, which was not met in this case.

The Court criticized the Election Tribunal for failing to address the procedural defect before adjudicating the substantive issues in the case. The Tribunal’s decision to order repolling was deemed legally unsustainable.

Allowing the appeal, the Supreme Court of Pakistan set aside the Election Tribunal’s judgment and reinstated Ubaidullah as the elected representative of PB-28 Quetta-VII. The Court underscored that procedural compliance is the backbone of judicial integrity and electoral fairness.