Law: Electoral College Act (IV of 1964)

Section: 46(1),46(2)

(a) Electoral College Act (IV of 1964),   S. 46 (2)-Provision imperative and absolute-Presiding Officer declaring candidate duly elected-Returning Officer has no discretion to withhold publication of such declaration.   (b) Electoral College Act (IV of 1964),   S. 46(1)(2)-Candidate declared duly elected under subsection (1)-Notification contemplated by subsection (2), held, not necessary for confirmation of status as Basic Democrat.   Muhammad Nazir Hakim v. Bakhtiar Said Muhammad and another P L D 1962 Lah. 421 and Manzur-ul-Haq v. Controlling Authority, Local Councils, Montgomery and others P L D 1963 S C 652 rel.   (c) Electoral College Act (IV of 1964)   S. 58 (2)-Provision can be availed of only by defeated candidate and not by person elected.   (d) Constitution of Pakistan (1962)   Art. 98-Writ jurisdiction-Cannot be declined where it would amount to perpetuation of an illegal order.   Date of hearing : 14th January 1965.   JUDGMENT   FAIZULLAH KHAN, J.-In this writ petition Sayed Ibrar Hussain Shah petitioner prays for the following prayers   That the petitioner who has been successfully returned to the Electoral College ofPakistan from Unit No. 481 above noted has a constitutional right to be treated as a member of Electoral College by the respondents 1 to 3, and they are under a legal obligation to gazette the petitioner as such, therefore an order in the nature of a writ of mandmus or any other appropriate order, writ or direction may be issued to the respondents 1 to 3 to perform their legal obligations of gazetting petitioner's name.   That the respondents 1 to 3 be perpetually restrained to hold a fresh election to the Unit No. 481 above noted, which election they are going to hold on 18th November 1964 per Annexure A of this petition, because this fresh election is not justified by any legal provisions contained in any law for the time being in force.   The admitted facts giving rise to this writ petition briefly are that Sayed Ibrar Hussain Shah petitioner and Maulvi Fazal Din respondent No. 4 were duly nominated candidates in the recent election of the Basic Democrats for…