| Citation(s) |
|---|
| 2014 SLG 1681 2014 SLD 1681 2014 CLC 542 |
Lahore High Court
Writ Petition No.29437 of 2013, decision dated: 19-11-2013.
ABID AZIZ SHEIKH, J
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Writ Petition No.29437 of 2013, decision dated: 19-11-2013.
ABID AZIZ SHEIKH, J
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MUHAMMAD IJAZ AHMAD CHAUDHRY
VS
ELECTION TRIBUNAL and others
Law:
Section:
(a) Representation of the People Act (LXXXV of 1976)-------Ss. 64 & 67---Constitution of Pakistan, Art.199---Constitutional petition---Election petition--Exhibiting of documents through Tribunal during pendency of election petition---Election Tribunal allowed the documents to be exhibited which were neither mentioned in the election petition nor same were relied upon---Validity---Election Tribunal had clarified that the questions of admissibility in evidence, relevancy and evidentiary value of all the documents would be subject to scrutiny and criticism and all such questions would be answered at the time of final arguments/order---Mere adducing documents in evidence would not mean that same had been believed and accepted---Worth and significance of such documents were to be seen at the time of trial---Clarification/observation was made by the Election Tribunal to the satisfaction of petitioner who did not object to the same---Election Tribunal had the jurisdiction to decide election petition in accordance with law and had all the powers of civil court---Procedures were meant for advancement of cause of justice and not for the purpose of entrapping a litigant or to punish him---Constitutional petition had been filed against an interim order which was not amenable to the constitutional jurisdiction---Decision of Election Tribunal was appealable and petitioner had adequate and alternate remedy, therefore constitutional petition was not maintainable---Impugned order was neither illegal nor without jurisdiction---Constitutional petition was dismissed in limine. Allah Ditta v. Barkat Ali and 3 others 1992 SCMR 1974; Mushtaq Hussain Bokhari v. The State 1991 SCMR 2136; Ibrahim v. Muhammad Hussain PLD 1975 SC 457; Allah Ditta v. Additional District Judge, and other 1996 MLD 403; Sh. Rashid Ahmad v. The Election Tribunal Comprising Mr. Justice Mian Nazir Akhtar of Lahore High Court Lahore and another PLD 1993 Lah. 791 rel. Syed Nayyar Hussain Bukhari v. District Returning Officer, NA 49 Islamabad and others PLD 2008 SC 487; Messrs Javed Nazir Brothers Pvt. Ltd. v. Al Barak Islamic Bank and others 2008 CLC 722; Asif Jameel and others v. The State 2003 MLD 676; Jamal…
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