Summary: Seniority Cum-Fitness & validity of continous 5 good ACRs for promotion

Summary: Acquittal allowed ---The case involved a complainant, who accused several individuals of a murder that took place in 2008. The complainant alleged that the accused individuals had shot and killed his brother, due to a prior enmity. The case was initially filed as a private complaint because the complainant was dissatisfied with the police investigation, which he believed favored the accused. The judgement highlighted inconsistencies and doubts raised regarding the prosecution's case, including issues with the timing of reporting the incident to the police, discrepancies in witness testimonies, and doubts about the alleged motive for the murder. The judgement mentioned problems with the medical evidence, the recovery of the alleged murder weapon, and the abscondence of one of the accused individuals. It concludes by stating that the prosecution failed to prove its case beyond a reasonable doubt, leading to the acquittal of one of the accused individuals and the rejection of the murder reference. Overall, the various aspects of the case, highlighting doubts and inconsistencies that ultimately led to the acquittal of one of the accused individuals and the non-confirmation of the death sentence for another.

Summary: ''Recording of evidence is not essential for Election Tribunal to pass an order for recount as it may on its own also order a recount. Minimum criteria or the essential pre-requisites for satisfying the conscience of the Court for permitting a recount was that there should be specific allegation of tampering, manipulation and maneuvering. Election Tribunal should keep in mind that secrecy of the ballot should not be violated on the basis of frivolous, vague and totally unfounded allegations and that the primary object should be to do full justice in the matter.''Facts:Jam Madad Ali, the appellant, contested and won the election for PS-81, Sanghar-IV, with 35,548 votes in the election held on June 26, 2013. Asghar Ali Junejo, the respondent and runner-up, received 34,175 votes. Junejo challenged the election results through an election petition, alleging illegal and corrupt practices, including the removal of his polling agents from polling stations and manipulation of the electoral process in favor of the appellant. The Election Tribunal ordered a recount, which revealed issues such as double stamping on ballots and improperly sealed polling bags and envelopes. Based on the recount findings, the Tribunal declared Junejo as the returned candidate, leading to this appeal by Madad Ali.---Issues:--Whether the Election Tribunal's order for a recount was lawful, appropriate, and justified.--Whether the recount report provided a lawful basis for declaring the election of the appellant void and declaring the respondent as the returned candidate.---Holding:The Supreme Court allowed the appeal, set aside the impugned judgment, and held the appellant to be the returned candidate.---Rationale:The Court found that the order for a recount did not meet the necessary criteria, as there were no specific allegations of tampering or manipulation with supporting prima facie material justifying the recount request. The recount findings regarding double stamping on ballots did not conclusively prove that the alleged irregularities occurred during polling rather than afterward. The Court emphasized the importance of maintaining the sanctity of election results and avoiding post-poll tampering. It was noted that the respondent did not produce any evidence or witness to substantiate the claims made in the election petition, nor did he attempt to prove the double stamping occurred at the time of polling. The Court concluded that the discrepancies revealed during the recount did not justify altering the original election result, as there was a significant probability that the alleged irregularities occurred after the announcement of the results.---Conclusion:The Supreme Court concluded that the recount order and its findings did not provide a valid basis for overturning the original election result. The appeal was allowed, and the appellant was declared the returned candidate, restoring the original election outcome.Precedents Relied On:Kanwar Ejaz Ali v. Irshad Ali and 2 Others (PLD 1986 SC 483)Sardar Abdul Hafeez Khan v. Sardar Muhammad Tahir Khan Loni and 13 Others (1999 SCMR 284)Abdul Hafeez Khan's case regarding the criteria for permitting a recount in election matters.

Summary: Summary pending.

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Summary: Summary pending.