Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Local Government (Conduct of Elections) Rules, 2013

Section: R.62

Law: Representation of the People Act, 1976

Section: 67

Law: Punjab Local Government Act, 2013

Section: 38,39(4),46

Constitution of Pakistan, 1973-- ----Art. 199--Punjab Local Government Act, 2013, Ss. 38, 39(4) & 46--Issuance of notification as returned candidates--Election petition for recounting of votes through local commission--Allowed--Interlocutory order--Maintainability--Question of whether a writ petition under Article 199 of Constitution of Pakistan, 1973 is maintainable against an interlocutory order passed by an election tribunal while trying an election petition or not--Challenge to--Interlocutory order passed by Election Tribunal cannot be questioned in Constitutional jurisdiction until same is patiently illegal and same for some reasons cannot even be challenged in form of statutory remedy conferred upon parties aggrieved of order on conclusion or final disposal of election petition--Petitioner, has a remedy, for questioning impugned order, after passing of final order in election petition by way of an appeal, under Section 46 of Act, hence, it cannot be said that petitioner is rendered remediless--Petition was dismissed. 2015 SCMR 233, ref. THIS JUDGMENT DELIVERED BY: ANWAARUL HAQ PANNUN, JUSTICE---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the order dated 24.10.2018 passed by Respondent No.1/Election Tribunal, D.G. Khan Division appointed under Section 39 of the Punjab Local Government Act, 2013 (hereinafter to be called as Act) whereby a miscellaneous application moved before the learned Election Tribunal by Respondent No.2, seeking recount of the votes through a local commission has been accepted. 2. Briefly, stating the facts of the case are that Respondent No.2 herein, instituted an election petition under Section 38 of the Act read with Rule 62 of the Punjab Local Government (Conduct of Elections) Rules, 2013 (hereinafter to be called as Rules) calling in question the notification issued under Section 37 of the Act, of Respondents Nos.2 and 7 by the Election Commission, as Returned Candidates i.e. Chairman and Vice-Chairman, Municipal Corporation, D.G. Khan respectively on multiple grounds with the following prayer:-- 3. Contesting written statements…

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