Lahore: Full bench of Lahore High Court (LHC) has declared correct trial court decision regarding dismissal of civil judge from service who was found involved in polls rigging while performing duty of Returning Officer.
Justice Sajid Mehmood Sethi declared that results were changed one month after issuing original result. Votes of winning candidate were reduced at different polling stations.
A 3-member full bench of LHC comprising Justice Sajid Mehmood Sethi and others issued detailed judgment.
Justice Sajid Mehmood wrote in the decision votes of winning candidate were distributed among unsuccessful candidates.
According to a witness civil judge tendered apology to the complainant on launching of inquiry. District Returning Officer (DRO) gave evidence that election record was manipulated.
Justice Sajid Mehmood Sethi said in his decision that there was question before court had civil judge held this power that he could change the declared result. Is it misconduct. Can appellant be dismissed from service on this base.
As per decision election tribunals were set up 4 days after preparation of result by civil judge. But civil judge sent form to election commission by changing the result within 23 days. No notice was issued to rival party in this regard.
Results were sent by civil judge direct to provincial election commission instead of DRO. The court declares this petition rejected after different court's precedents.
According to the decision civil judge Sheikh Ali Jaffar challenged two orders of 2015 through appeal. Sheikh Ali Jaffar was sacked from service and later representation two was rejected.
Civil judge was appointed as Returning Officer (RO) in connection with union council election in Shah Kot Tehsil. Candidate Asghar Ali Asghar won the election but civil judge declared candidate Maqbool Ahmad successful.
Candidate Asghar Ali Asghar registered a complaint with District Returning Officer (DRO). On a letter from DRO, the election commission issued directives to recheck the result. Report was sent to election commission in this regard. Later election commission got recorded a complaint.
Registrar LHC sacked civil judge Sheikh Ali Jaffar from service in March 2006.
Service tribunal suspended the dismissal order in October 2008. Superior judiciary upheld the decision of tribunal.
It was said in the decision the superior judiciary gave observation allegation of misconduct cannot be proved without formal inquiry.
The respective authority dismissed civil judge from service again in June 2015.
Civil judge filed departmental appeal which was rejected in September 2015.
According to Counsel for civil judge complaint regarding election matters should be got recorded with Election commission.
As per counsel election commission can either take action by itself or send the complaint to the respective department of the civil judge.
As per counsel complaint against civil judge has come before LHC through DRO.