Law: Constitution of Pakistan, 1962

Section: 98

Law: Electoral College Act (IV of 1964)

Section: 62

  Constitution of Pakistan (1962), Art. 98-Extraordinary and discretionary jurisdiction- Petitioner coming to Court with unclean hands-Disentitled to relief by way of writ even if on merits he has a good case-Jurisdiction intended to be exercised to sub-serve and not defeat ends of justice--Petitioner himself guilty of "illegal practice" under Electoral College Act, 1964-Not entitled to relief under Art. 98-Electoral College Act (IV of 1964), S. 62.   Constitution of Pakistan (1962), Art. 98-Finding of fact based on legal evidence and conclusive-Cannot be convassed under Art. 98. ORDER   FAIZULLAH KHAN, J.-The order for the issue of writ of certiorari is strictly in all cases a matter of discretion, and therefore in a petition for the exercise for extraordinary and discretionary power the High Court is entitled to take into consideration the conduct of the petitioner, and in case it is found that the petitioner has not come with clean hand, it would disentitle the petitioner to the relief by way of writ even if he is found on merits to have a good case. The writ jurisdiction is intended to be exercised with a view to subserve and not to defeat the ends o justice.  …