Law:

Section:

National and Provincial Assemblies (Elections) Ordinance (XIII of 1970)------Ss. 59, 61 & 64 read with Civil Procedure Code (V of 1908), S. 107, O. XXXIX, rr. 1 & 2 and O. XLI, r. 5-Election-Appeal-Stay of proceedings-High Court seized with appeal under S. 64, Ordinance. X111 of 1970-Empowered to suspend operation of order passed by Election Tribunal pending decision of appeal.-[Stay of proceedings---­Appeal (civil)]. Section 59 of the National and Provincial Assemblies (Elections Ordinance, 1970, provides that subject to provision of the Ordinance and, Rules, every election petition shall be tried as nearly as may be in accordance. with the procedure for the trial of suits under the Code of Civil Procedure. Section 64 confers on the Tribunal all the powers of a civil Court while trying a suit under the Code of Civil Procedure. Section 64 makes provi­sion of an appeal from the decision of the Tribunal to the High Court on any of the grounds enumerated in section 100 of the Code of Civil Proce­dure. Section 107 of the Civil Procedure Code inter alia provides that an appellate Court has the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the Code on Courts- of original jurisdiction in respect of suits instituted therein. Order XXXIX, rules 1 and 2 empower the trial Judge to grant an interim injunction or pass a stay order. Order XL1, rule 5, confers on the appellate Court the jurisdiction to suspend the operation of the order in appeal before it. These provisions of the Code and the National and Provincial Assemblies (Elections) Ordinance, 1970, when read together plainly yield to the result that the High Court when seized with an appeal under section 64 has the power to suspend under Order XL1, rule 5, the operation of the order passed by the Tribunal pending the decision of the appeal. The contrary course will involve the parties and the administration into unnecessary expen­diture and result in waste of time if the appeal eventually succeeds and the order passed by the Tribunal is set aside. Muhammad Yousaf Khan v. S. M. Ayub and others P L D 1972 Pesh. 151 ; Sind Employees' Social Security Institution…

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