Law:

Section:

Representation of the People act (LXXXV of 1976)----- ----Ss. 67 & 69---Constitution of Pakistan (1973), Art.185(3)---Election of Provincial Assembly---Returned candidate (appellant) not Graduate---Election Tribunal declared respondent (election petitioner) as returned candidate for having secured highest votes next to the appellant--­Election Commission de notified appellant by issuing notification in favour of respondent---Appeal to Supreme Court against of Election Tribunal---Prayer for interim relief to restrain respondent from taking oath till decision of appeal---Validity---Appellant had not challenged such notification in appeal---Prima facie inference at such stage could be drawn that appellant had been found disqualified to contest or represent voters of his constituency---Till such time appeal was not decided, constituency could not be left without representation particularly when respondent had lost election with difference of 1005 votes---If for any reasons appellant had been declared disqualified, then at least respondent, who had not lost election by a considerable margin, could represent the constituency---Respondent had been notified to be a successful candidate by Election Commission, which fact constituted a strong factor in his favour, thus, balance of convenience would lie on his side---Supreme Court dismissed application for interim relief. Rashid Ahmed v. Barkat Ali PLD 1968 SC 301; Saeed Hassan v. Pyar Ali PLD 1976 SC. 6; Muhammad Afzal v. Muhammad Altaf Hussain 1986 SCMR 1736; Iqbal War Jhagra v. Khalil-ur-Rehman 2000 SCMR 250 and Ahmed Saeed v. Election Tribunal for Kasur at Okara 2003 SCMR 1611 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Listed application has been moved alongwith appeal filed by appellant under section 67(3) of the Representation of the People Act, 1976 challenging the judgment dated 16th February, 2004 passed in Election Petition No.59 of 2002 by the Election Tribunal, Lahore whereby the notification dated 20th October, 2002 issued by the Election Commission of Pakistan declaring the appellant as returned candidate from the Constituency PP-156, Lahore (XX) has been set aside and cancelled. Consequently respondent…

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