Law: Constitution of Pakistan, 1973

Section: 199,185(3)

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Constitution of Pakistan (1973)--- ----Arts. 199 & 185(3)---Criminal Procedure Code (V of 1898), S.491--­Petition for leave to appeal---Order of High Court relating to the direction for registration of a case against the petitioner and others did not call for any interference as they were held responsible for keeping the detenus in illegal detention---Passing of an order relating to the suspension of the Notification of the petitioner as Nazim of the Union Council while disposing of a petition under Section 491, Cr.P.C., however, was not proper---Sending of reference to the Election Commission of Pakistan against the petitioner, an elected member in case of misconduct, would not be objectionable, but suspension. of his Notification would amount to interference in the functions of the Election Commission of Pakistan which had the exclusive jurisdiction of removal of an elected member from his office under the law, if during his tenure he had earned a statutory disqualification---Suspension of such Notification in the nature of temporary removal of a member by the High Court would amount to direct interference in the functions of Election Commission of Pakistan, a Constitutional Institution---High Court undoubtedly, in exercise of its powers under Art. 199 of the Constitution, could pass any interim order for the purpose of regulating the proceedings in a case pending before it, but passing of an interim order in a matter relating to the jurisdiction of another Constitutional Forum, could not be proper exercise of its discretion under the said Art.199--­-Petition, for leave to appeal was consequently converted into appeal and the impugned order relating to the suspension of the Notification of the petitioner was set aside. (b) Constitution of Pakistan (1973)----- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Interim order---High Court undoubtedly, in exercise of its powers under Art. 199 of the Constitution, can pass any interim order for the purpose of regulating the proceedings in a case pending before it, but passing of an interim order in a matter which relates to the jurisdiction of another Constitutional Forum is not proper…

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