Law: Cost and Management Accountants Regulation, 1990

Section: 11(3),25

Law: Law Reforms Ordinance, 1972

Section: 3

Cost and Management Accountants Regulation, 1990--- ----Reglns. 11(3) & 25 [as amended by notification S.R.O. No.1020(I)/2014, dated 12-11-2014]---Law Reforms Ordinance (XII of 1972), S. 3---Intra court appeal---Election dispute---Electoral lists, change into---Amendment in Regln. 25 of Cost and Management Accountants Regulation, 1990, made after issuance of election schedule, was declared ultra vires by Single Judge of High Court, in exercise of constitutional jurisdiction---Validity---Election was highly skilled enterprise in which prospective candidates were expected to market and put across to voters their unique ability to be elected to the position on offer---Such was essential and of fundamental importance that candidates had a right to sufficient time to canvass their candidature and to be able to approach members of electoral college in order to solicit their vote---Issuance of election schedule which was announced by Election Committee had a purpose in law---Such purpose was clearly delineate steps in election so that prospective candidates could manage and regulate their election campaigns---No scope existed for candidates to be caught unaware or to be confronted with procedure which was not there previously---Amendment in Regln. 25 of Cost and Management Accountants Regulation, 1990, was aimed at facilitating overseas voters yet the rights of candidates were to be kept in view and they could not be prejudiced to their detriment by insertion of an amendment which had unholy effect of recasting candidates' election campaigns---Electoral laws of Pakistan did not permit electoral lists to be amended once the schedule for elections had been announced and proposed amendment was tantamount to amending lists for election of National Council---Division Bench of High Court declined to interfere in passed by the Single Judge of High Court---Intra court appeal was dismissed in circumstances. Haji Kadir Bux v. Province of Sindh and another 1982 SCMR 582; Richard A. Posner in his book 'How Judges Think'; Gohar Hayat Nasir v. A.C. Samundri/Registration Officer, Sumundri and 2 others 1992 CLC 1005; Muhammad Asmail v. Punjab Local Council Election Authority,…

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