| Citation(s) |
|---|
| 1965 SLG 4585 = 1965 SLD 4585 = 1965 PLD 86 |
Dacca High Court
Petition No. 205 of 1963, decided on 7th August 1964.
Presented By: A. Sattar and A. M. Sayem, JJ
Jibendra Kishore Acharya Chowdhury and others v. The Province of East Pakistan and others P L D 1957 S C (Pak.) 9 rel. Shafiqur Rahman for Petitioner. S. R. Pal and Akram Hossain Amin for
Respondent No. 2.
Petition No. 205 of 1963, decided on 7th August 1964.
Presented By: A. Sattar and A. M. Sayem, JJ
Jibendra Kishore Acharya Chowdhury and others v. The Province of East Pakistan and others P L D 1957 S C (Pak.) 9 rel. Shafiqur Rahman for Petitioner. S. R. Pal and Akram Hossain Amin for
Respondent No. 2.
GOLAM SARWAR MOLLA-Petitioner
VERSUS
CHAIRMAN AND MEMBERS OF ELECTION TRIBUNAL, EAST PAKISTAN, DACCA AND OTHERS-Respondents
Law: Settlement of Disputes (First Elections) Order [President's Order No. 13 of 1962]
Section: 11,54
Law: Constitution of Pakistan, 1962
Section: 229,158
(a) Settlement of Disputes (First Elections) Order [President's Order No. 13 of 1962], Arts. 11 & 54 and Settlement of Disputes (First Elections) Order [President's Order No. 1 of 1963], Art. 2 Election petition containing allegations of corrupt or illegal practice relating to election expenses-Must be filed within 14 days from receipt of Return of election expenses. (b) Constitution of Pakistan (1962), Arts. 229 & 158-Power of President, under Art. 229 (8), to legislate with respect to election or referendum-Includes power to amend legislation made in exercise of that power-Powers continue till constitution of Electoral College under Art. 158-Settlement of Disputes (First Elections) (Amendment) Order, 1963-Not ultra vires-Settlement of Disputes (First Elections) (Amendment) Order [President's Order No. 1 of 1963]. Jamalus Sattar v. Badrul Huq Khan First Miscellaneous Application No. 140/63, decided on 31st July 1964 ref. (c) Settlement of Disputes (First Elections) (Amendment) Order [President's Order No. 1 of 1963], Art. 2-Expression "shall be deemed always to have been so substituted"-Makes changed law retrospective in operation Person filing petition within time allowed by law existing at time-Petition, nevertheless, can be barred by limitation if falling within mischief of amended provision-Settlement of Disputes (First Elections) Order [President's Order No. 13 of 1962], Art. 11. (d) Constitution of Pakistan (1962) [as amended by Constitution (First Amendment) Act, 1963 (1 of 1964)], Part II, Chap. 1, Fundamental Right 15-Equal Protection of law-Meaning and scope Provisions of Art. 5, Settlement of Disputes (First Elections) (Amendment) Order, 1963-Do not infringe fundamental right of equal protection of law guaranteed by Constitution-Settlement of Disputes (First Elections) (Amendment) Order [President's Order 1 of 1963], Art. 5. Date of hearing: 5th August 1964. JUDGMENT SATTAR, J.-The petitioner Golam Sarwar Molla and eight others including respondent No. 2 Taj Mahmud Sardar were candidates for election to the Provincial Assembly from…