Law: Specific Relief Act (I of 1877)

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Election of Pakistan Airline Pilots Association (PALPA)--Retired member---Entitlement to contest---Appellant / plaintiff was a retired pilot and member of PALPA whose nomination papers for the seat of President were rejected on the plea that retired member could only contest for Executive Committee and not for any principal offices---Suit filed by appellant / plaintiff was dismissed by Judge in Chambers of High Court---Validity---Election was based on one-seat for one-member formula; no contingent proposition could be borrowed to change such formula into one-seat for two or more-members to ensure representation of a particular category of members---Rider that retired members would vote for two seats reserved for retired pilots in ECM could not be stretched to have any bearing to the election of principal offices, particularly when no such intrusion was visible in the Constitution of Pakistan Airline Pilot s Association---For Executive office, no condition had been provided in the Constitution nor any such distinction was admitted anywhere---Every member regardless of his status as retired or otherwise was competent to contest election and was eligible to propose and second such candidature and competent to vote for it---It was only in regard to the special category of Executive Committee Member in which since two seats had been reserved for retired pilots, the right to vote for such seats was conferred to their own category---Division Bench of High Court set aside judgment and decree passed by Judge in Chambers of High Court and suit was decreed in favour of appellant / plaintiff---Intra Court Appeal was allowed in circumstances. Date of hearing: 8th April, 2025. JUDGMENT MUHAMMAD IQBAL KALHORO, J.---Appellant has filed this appeal against a judgment dated 16.02.2022 and decree drawn on 17.02.2022, whereby Suit No.2041/2019 filed by appellant against respondents was dismissed by learned Single Judge with a cost of Rs.25000/- to be paid by appellant to the respondents. 2. Appellant, a retired Airline pilot, and a member of Pakistan Airline Pilots Association (PALPA), filed aforesaid suit when elections to…