Law: Constitution of Pakistan, 1962

Section: 98

Law: Electoral College Act (IV of 1964)

Section: 60(2),36(1),64

  Constitution of Pakistan (1962), Art. 98-Petition drawn up inartistically and ending abruptly without formal prayer clause Relief prayed for, nevertheless, spelled out by reading petition in -free and liberal manner.   Manzur Ahmad v. Ch. Muhammad Ishaq P L D 1964 S C 17; Pakistan v. K. Ali Afzal and another P L D 1960 S C 1 and Rai Narain Singh v. Atma Ram Gobind and another A I R 1954 All. 319 distinguished.   Constitution of Pakistan (1962), Art. 98-Article omits all reference to ancient English prerogative writs, viz. writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari Relief under Art. 98-Need not be sought with reference to any specified writ known to Common Law.   (c) Electoral College Act (IV of 1964), Ss. 58 & 66 and Constitution of Pakistan (1962), Art. 98-Order of Election   Tribunal impugned in writ jurisdiction under Art. 98, Constitution of Pakistan impugned order found to be "without lawful authority and of no legal effect" within meaning of Art. 98 (2) (a) (ii)-Mere fact that, pursuant to order passed by Election Tribunal, bye-election was already held-Does not render writ petition infructuous.   Where in a writ petition, filed against the order passed by an Election Tribunal in petition under section 58 of the Electoral College Act, 1964, it was contended that bye-election in pursuance of the impugned order having already taken place, the writ petition became infructuous Held, notwithstanding the bye-election, the impugned order still remained subject to judicial scrutiny and liable to stand or fall on its own merits unaffected by the supervening event of the bye-election. The very basis on which the bye- election had been held was under question in the writ proceedings. If, therefore, the impugned order be found to be "without lawful authority and of no legal effect" within the meaning of Article 98(2) (a) (ii) of the Constitution, then all consequential proceedings including the bye-election will cease to have effect automatically.   Syed Shah Nawaz v. The Speaker, National Assembly Writ Petition No. 673 of 1964 (unreported) ref.   (d) Electoral College…