| Citation(s) |
|---|
| 1966 SLG 5083 = 1966 SLD 5083 = 1966 PLD 153 |
Peshawar High Court
Writ Petition No. 171 of 1965, decided on 18th February 1966.
Presented By: A. R. Sheikh and Shakirullah Jan, JJ
Mian Jamal Shah v. The Member, Election Commission, Government of Pakistan, Lahore P L D 1966 S C 1 fol. Mian Muhammad Yunas Shah for Petitioner. Nemo for
Respondents Nos. 1 and 3. S. M. Abbasi for
Respondent No. 2.
Writ Petition No. 171 of 1965, decided on 18th February 1966.
Presented By: A. R. Sheikh and Shakirullah Jan, JJ
Mian Jamal Shah v. The Member, Election Commission, Government of Pakistan, Lahore P L D 1966 S C 1 fol. Mian Muhammad Yunas Shah for Petitioner. Nemo for
Respondents Nos. 1 and 3. S. M. Abbasi for
Respondent No. 2.
SHER MUHAMMAD alias SHER KHAN-Petitioner
VERSUS
DEPUTY COMMISSIONER, D. I. KHAN ELECTION TRIBUNAL FOR BANNU DISTRICT AND OTHERS-Respondents
Law: Electoral College Act (IV of 1964)
Section: 36,36(1-A),36(3),26
Electoral College Act (IV of 1964), S. 36 read with Electoral College Rules, 1964, r. 36(1-A)-Provision of S. 36 not directory but mandatory because of penal clause attached thereto Non-compliance of S. 36-Satisfaction of Election Tribunal sine qua non for setting aside election-Order of Election Tribunal showing that he was satisfied that result of election had been materially affected-Mere omission to record finding that "result of election has been materially affected by non-compliance of S. 36"-Cannot make order of Tribunal as one without jurisdiction. Ikram Bus Service and others v. Board of Revenue, West Pakistan, The Regional Transport Authority Peshawar Region and Ittehad Transport Service Co. Ltd. P L D 1963 S C 564 and Abdul Sattar and another v. Mst. Hamida Bibi P L D 1950 Lah. 370 distinguished. Muqadar v. Mutabar and others P L D 1965 Pesh. 229 ref. Electoral College Act (IV of 1964), S. 36(3) read with S. 26-Notification of retirement of candidate-No obligation imposed on authorities to notify retirement of a candidate under S.36(3). Constitution of Pakistan (1962), Art. 98-Election dispute- Election Tribunal not found to have failed to exercise jurisdiction or exceeded its jurisdiction, or that its order suffered from illegality or irregularity-Article 98, held, not attracted. Dates of hearing : 8th and 9th February 1966. JUDGMENT MIAN SHAKIRULLAH JAN, J.-This is a Petition by Sher Muhammad alias Sher Khan, son of Pir Muhammad of Kotka Atlas Khan, Tehsil Lakki, District Bannu, under Article 99 of the Constitution of the Republic of Pakistan, for declaring the order of respondent No. 1, dated 18-3-1965, holding that the election to Unit No. 349, Tehsil and District Bannu, under the Electoral College Act, 1964, was illegal, of no legal effect and be quashed. Briefly, the facts of the case as set out in the Writ Petition, are that on 2nd November 1964, the petitioner and respondent Nos. 2 and 3 contested election for Unit No. 349, Tehsil and District Bannu. The petitioner defeated the respondents by getting 7 votes more than respondent No. 2. An election petition was filed by…