Law: Representation of the People Act, 1976

Section: 76A

Representation of the People Act (LXXXV of 1976)--- ----S. 76-A---Application for challenging the Bye-election of returned candidate of Provincial Assembly---Term of election under challenge had expired by efflux of time and term of Provincial Assembly constituted under the impugned election was over---Election of respondent, therefore, could not be set aside, in fact relief for setting aside the election had been rendered infructous---High Court, in circumstances, observed that court could not undertake to decide an issue unless it was a living issue between the parties---If an issue was purely academic in that its decision one way or the other would have no impact on the position of parties, it would be waste of public time to engage itself in deciding the same---Application having become infructous was disposed of according. Sun Life Assurance Co. of Canda v. Jervis 1944 AC 111; Munawar Iqbal Gondal v. Mrs. Nasira Iqbal and others 2014 SCMR 860; Kashi Nath Mishra v. Vikramaditya Pandey and others (1998) 8 S.C. C. 735 and Mundrika Singh Yadav v. Shiv Bachan Yadav and others (2005) 12 S.C. C. 211 rel. THIS ORDER PASSED BY: SHAHID WAHEED, J.---- The election of respondent No.1, Maulana Masroor Nawaz Jhangvi, as a Member of the Punjab Assembly from constituency PP-78, Jhang-II (old PP-77, Jhang-V) in Bye Election, 2016 has been challenged through this application under Section 76-A of the Representation of the People Act, 1976 on the ground of concealment of assets. 2. The Election Tribunal, comprising Mr. Shahid Rafique, issued notice to respondent No.1, who appeared before it and contested the allegation. During pendency of instant application the tenure of the Assembly stood expired. Subsequently, the Election Commission of Pakistan, Islamabad vide letter No. F-14(3)/2012-Estt-II dated 30th October, 2018 transferred the present application to this Court for decision. Complying with the said letter the Provincial Election Commissioner, Punjab through Letter No.F-17(1)/2018-Law dated 1st November, 2018 directed the Deputy Registrar of the Election Tribunal (GE-2013) to submit complete record of this application in the office of this Court. Pursuant to the…

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