| Citation(s) |
|---|
| 1981 SLG 3068 = 1981 SLD 3068 = 1981 SCMR 233 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No, 127-B of 1980, decided on 14th October, 1980. (On appeal from the Order of the Lahore High Court in L.C. A. 222 of 1980/W. P. 5300 of 1979, dated 19-5-1980).
Presented By: Abdul Kadir Sheikh and Fakhruddin G. Ebrahim, JJ
Mohammad Ashraf v. Mohammad Ajaib P L D 1980 Lab. 311 ; Lal Mohammad v. Mohammad Usman 1975 S C M R 409 and Syed Saeed Hassan v. Pyar Ali and others P L D 1976 S C 6 ref. M. A. Siddiqi, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No, 127-B of 1980, decided on 14th October, 1980. (On appeal from the Order of the Lahore High Court in L.C. A. 222 of 1980/W. P. 5300 of 1979, dated 19-5-1980).
Presented By: Abdul Kadir Sheikh and Fakhruddin G. Ebrahim, JJ
Mohammad Ashraf v. Mohammad Ajaib P L D 1980 Lab. 311 ; Lal Mohammad v. Mohammad Usman 1975 S C M R 409 and Syed Saeed Hassan v. Pyar Ali and others P L D 1976 S C 6 ref. M. A. Siddiqi, Advocate-on-Record for Petitioner. Nemo for
Respondents.
MUHAMMAD ILYAS-Petitioner
VERSUS
THE RETURNING OFFICER ETC. Respondents
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Punjab Local Government Ordinance, 1979
Section: 17
Constitution of Pakistan (1973) Art. 185(3) and Punjab Local Government Ordinance (VI of 1979), S. 17-Disqualification of candidate Fresh election-Disqualifi cation of candidate for election not notorious and depending upon legal argument or upon complicated facts and inferences-Candidate, even though unseated by reason of his disqualification, votes given for him will not be thrown away so as to give seat to candidate securing next highest number of votes. Date of hearing : 14th October, 1980. ORDER ABDUL KADIR SHEIKH, J.-Lahore High Court while allowing petitioner's writ petition and setting aside the election of Subedar Barkat Ali, respondent No. 3, as a Member of the Union Council, Ward No. 3, Daryala Khaki Union Council No. 69, Jarmot Kalan, Tehsil Gujjar Khan, refused to declare the petitioner who had secured the next highest votes, as the successful candidate in the place of Subedar Barkat Ali on the principles laid down in Muhammad Ashraf v. Mohammad Ajaib (P L D 1980 Lah. 311), that the votes cast in favour of respondent No. 3 cannot be treated as thrown away votes, and consequently the election will have to be held afresh. The facts of this case covered by the rule laid down by this Court in Lai Mohammad v. Mohammad Usman (1975 S C M R…