Law:

Section:

(a) West Pakistan Basic Democracies (Election of Chairman) Rules, 1960-------   ---- r. 7(2)-Election set aside on either grounds by Controlling Authority-Subject to scrutiny of High Court in exercise of its powers of certiorari-Laws (Continuance in Force) Order (I of 1958), Art. 2(4).   (b) West Pakistan Basic Democracies (Election of Chairman) Rules, 1960------   --- r. 7(2)-"Sufficient reason" - Definition-Question whether reason sufficient for setting aside election-Depends on circumstances of each case-Controlling Authority setting aside election on ground which no reasonable person could consider reasonable-Order of Controlling Authority may be interfered with by High Court in its writ jurisdiction-Election set aside for highly technical reason-Held, illegal.   Mehr Allahyar v. Syed Hasan Jahanian Shah Gardezi P L D 1961 Lah. 247 ref. JUDGMENT   S. A. MAHMOOD, J.-This writ petition is by Muhammad Ali under Article 2 (4) of the Laws (Continuance in Force) Order, 1958, whereby he prays for quashing of the order of the Con trolling Authority, Gujranwala, dated the 28th of November 1960, whereby he set aside the election of the petitioner as Chairman of Kassise Union Council, District Gujranwala.   The facts of this case are simple. Muhammad Ali stood as a candidate for election tothe Kassise Union Council and was duly declared elected. In the Provincial Gazette the name of respondent No. 3 was notified as Muhammad Khan, son of Sardar, instead of Muhammad Khan, son of Mehar Dad. We have seen his nomination paper put in by him and find that the word Mehar Dad is so written that it is capable of being read as Sardar. A clerical mistake has thus crept in. Muhammad Siddiq was nominated as a member of this Union Council. His name was gazetted by mistake as Muhammad Sadiq. The first meeting of the Union Council was convened for the 29th of February 1960, when all the elected and nominated members of the Union Council took the oath of office. Muhammad Khan took the oath as Muhammad Khan, son of Sardar, and Muhammad Siddiq took the oath as Muhammad Sadiq. Three persons, namely, Muhammad Ali petitioner, Muhammad Nawaz,…