Law: Constitution of Pakistan, 1962

Section: 58

Law: Electoral College Act (IV of 1964)

Section: 171(1),171(a),98

Electoral College Act (IV of 1964), S. 58 read with Constitu tion of Pakistan (1962); Arts. 171(1)(a) & 98-Election dispute Words "no dispute shall-be decided otherwise than under such law" and "validity of an election should not be called in question except in accordance with such law" occurring in Art. 171(1) of Constitu tion of Pakistan (1962)-Electoral College Act, 1964 is the "law" made in pursuance of Art. 171 of Constitution-Dispute relating to acceptance of candidate's nomination paper High Court's jurisdic tion to adjudicate such question under Art. 98 of Constitution Barred-Electoral College Act (IV of 1964), Ss. 21, 23 & 24.   The term "finally" used in clause (a) of sub-Article (1) of Article 171 of the Constitution of Pakistan (1962) constitutes in un-mistakable terms a bar to the jurisdiction of Courts to entertain disputes specified therein and so does its clause (b). But the matter has not been left is that domain. The bar is repeated in two different manners.. Firstly, "no dispute shall be decided otherwise than under such law", and secondly, "the validity of an election shall not be called in question except in accordance with such law". Such law of course refers to provi sions to be made by "law" for determination of disputes by the Commissioner or Election Commission under clause (a) and a Tribunal under clause (b) of Article 171 (1) of the Constitution. The Electoral College Act, 1964 is the law made in pursuance of Article 171 of the Constitution. Where, therefore, a dispute related to the acceptance of a candidate's nomination paper it was held that such a dispute falls under clause (b), of Article 171 of the Constitution and, therefore; the High Court's jurisdiction to adjudicate on such a question in writ petition under Art. 98 of the Constitution was barred.   Date of hearing: 25th October 1965.  JUDGMENT   S. A. MAHMOOD, J.-Baqra petitioner and Muhammad Yousaf respondent No. 1 were candidates for election to the Electoral College from Electoral Unit No. 63, Ward No. 702, Chak No. 205/J. b Tehsil Chiniot, District Jhang.…