| Citation(s) |
|---|
| 2015 SLG 2761 2015 SLD 2761 2015 PLJ 99 |
Lahore High Court
W.P. No. 27437 of 2014, decided on 23.10.2014.
SYED MANSOOR ALI SHAH, J.
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W.P. No. 27437 of 2014, decided on 23.10.2014.
SYED MANSOOR ALI SHAH, J.
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MUHAMMAD RIAZ MALIK, MEMBER NATIONAL ASSEMBLY
VS
DISTRICT RETURNING OFFICER, Lahore and 21 others--Respondents
Law:
Section:
Representation of the People Act, 1976 (LXXXV of 1976)-- ----Ss. 62 & 67--Constitution of Pakistan, 1973, Art. 199--Constitutional Petition--Summoning and examining of DRO--Remedy against final order--Validity--Interim orders of Election Tribunal cannot be challenged before High Court in its constitutional jurisdiction under Art. 199 of Constitution--Instant petition is, therefore, not maintainable, hence dismissed. Order Vide order 23.09.2014 learned Election Tribunal, Lahore sought a report from District & Sessions Judge District Returning Officer, Lahore in the following manner: "... However, I find it just and appropriate to have a report based on facts from the learned District & Sessions Judge/District Returning Officer, Lahore regarding the aforesaid questions in order to arrive at the truth and to afford an opportunity to the custodians of the election record so that they may bring on record their stance regarding the disputed election record, if they feel so advised. It is genuinely expected that requisite report shall reach this Tribunal on or before 29.09.2014." Grievance of the petitioner is that the District & Sessions Judge/District Returning Officer, Lahore be directed to comply with the aforesaid order. 2. It is noticed that before parting with the order dated 23.09.2014, learned Election Tribunal noted as follows: "7. ... I want to make it clear that I cannot compel the District Returning Officer to make a report. In case, he does not find it appropriate to make a report about the disputed election record, the Election Tribunal shall draw its own inferences from the evidence available on record to decide the fate of Election Petition on…
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