| Citation(s) |
|---|
| 2022 SLG 1343 2022 SLD 1343 2022 PLD 310 |
Sindh High Court
C. Ps. Nos. D-6592 and 6714 of 2020, decided on 13th August, 2021.
MOHAMMAD ALI MAZHAR AND AMJAD ALI SAHITO, JJ
Abid S. Zuberi for Petitioner (in C.P. No. D-6592 of 2020). Salahuddin Ahmed for Petitioner (in C.P. No.6714 of 2020) along with Rizwan Ahmed, Nadeem Ahmed and Samil Malik Khan. Salman Talibuddin, Advocate General Sindh. Ms. Leela Kalpana Devi, A.A.G. Aya
C. Ps. Nos. D-6592 and 6714 of 2020, decided on 13th August, 2021.
MOHAMMAD ALI MAZHAR AND AMJAD ALI SAHITO, JJ
Abid S. Zuberi for Petitioner (in C.P. No. D-6592 of 2020). Salahuddin Ahmed for Petitioner (in C.P. No.6714 of 2020) along with Rizwan Ahmed, Nadeem Ahmed and Samil Malik Khan. Salman Talibuddin, Advocate General Sindh. Ms. Leela Kalpana Devi, A.A.G. Aya
AYAZ ALI RAJPAR and another
VS
ADVOCATE GENERAL SINDH and 3 others
Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976
Section: 25
Law: Constitution of Pakistan, 1973
Section: 199,204
Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----R. 25---Constitution of Pakistan, Arts. 199 , 204--- Election dispute---Contempt proceedings---Maintainability---Interim order merging in final order---Recounting of votes---Petitioner invoked contempt proceedings against Advocate General of Sindh for non-compliance of interim order passed by High Court---Plea raised by contemnor (Advocate General) was that interim order passed by High Court was finally merged into final order passed eight days later and there was no direction restraining him from exercising his powers---Validity---Contempt proceedings cannot be initiated at desire or whim of a litigating party---Before proceeding against alleged contemnor Court has to be satisfied as to whether alleged contemnor has done any act coming within the mischief of law of contempt---Contempt lies where there is deliberate act on part of contemnor which within judicial conscious of the Court itself falls within the meaning of a contempt---Interim order always merges in final order and does not survive after final verdict has been announced in the matter---Once name of winning candidate was declared and notified in gazette, any objection to Election could not be gone into by High Court in its Constitutional jurisdiction---Parties were left to seek remedy at the proper forum---Petitioner was at liberty to file proper application before Returning Officer for recounting of votes---Application was dismissed, in circumstances. 2002 CLC 310; 2005 CLC 650; 2006 MLD 43; 2002 SCMR 1632; PLD 2006 Lah. 29; 2017 MLD 1209; 2007 CLC 1275; 1986 CLC 1284; PLD 2008 SC 663; PLD 1960 W.P. 751; 2008 CLD 149; PLD 2003 Lah. 486; 1980 SCMR 89; 1991 SCMR 2457; PLD 2019 Sindh 624; PLD 2018 SC 538; 2015 SCMR 321; PLD 2008 SC 663; PLD 1958 SC 104 and 2013 CLC 792 ref. Gen. (Retd.) Pervez Musharraf through Attorney v. Pakistan through Secretary Interior and others PLD 2014 Sindh 389 rel. ORDER AMJAD ALI SAHITO, J.---By this common order, we intend to dispose of C.M.As. Nos. 791 and 794 of 2021 filed in C.P No.D-6592 and in C.P. No.D-6741 of 2020 by Applicant Ayaz Ali Rajpar, against alleged contemnor/Advocate General…
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