Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 14---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Constitutional petition pending in the High Court for over 25 years---Cause of action, extinguishment of---Time bound petition becoming infructuous and losing its efficacy---Substantial role of petitioner and his counsel in causing delay in disposal of petition---Inequitable conduct of counsel of petitioner---Effect---Nomination papers, acceptance of---Returning officer had accepted nomination papers of the respondent, who was a candidate for a seat of the National Assembly, in general elections held in the year 1990---Objections filed by petitioners before the Returning Officer were rejected---Appeal filed by petitioners before the Election Tribunal against order of the Returning Officer was also dismissed---Present constitutional petition was filed against the order of Election Tribunal in the year 1990---Held, that present constitutional petition was pending since the year 1990, but a careful perusal of the order sheets showed that there had been a substantial role on part of the petitioners' counsel for causing delay in disposal of the matter---Order sheets showed that on certain dates petitioners' counsel had sought more time and adjournments from the court to recast the constitutional petition or because he was not prepared to argue the case---Counsel for petitioners took more than five months for recasting the constitutional petition, which rendered the same infructuous---Case record showed that the constitutional petition was neither fixed in routine nor did the petitioners make any effort to get the same fixed till 30-5-1996, while in the meantime the National Assembly of 1990, was dissolved in July, 1993---Present constitutional petition had arisen out of the general election held in the year 1990 and the National Assembly which came into existence as a consequence thereof had been dissolved on 18-7-1993, therefore, it would be a mere academic exercise to adjudicate upon present petition as the respondent, did not presently hold elected office of MNA for the National Assembly of 1990---Present…

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