Law: National and Provincial Assemblies (Elections) Rules, 1970

Section: 37(5)

Law: Civil Procedure Code (V of 1908)

Section: O. VI, 17, 1

(a) Privileges of Members of National Assembly (Exemption from Preventive Deten tion and Personal Appearance) Act (I of 1963) S. 4(1) read with S. 3(1)-Privilege under section attracted only when member required to appear in person and not when his presence not necessary at any stage of case - Assembly sessions tending to get longer and longer, postponement of hearing of election petition during pendency of Assembly Sessions calculated to bring infinite delays in hearing of petitions-Legislature being aware of a Member's presence being often not necessary even in a case filed by him it would not have used words "be required to appear in person" in S. 4 if it intended to give "blanket immunity" to members. (Election]. Mian Muhammad Sharif v. Member, Election Commission, Lahore and others P L D 1968 Lah. 219 ref. (b) Practice and procedure Obiter of Division Bench of High Court-Not binding on another Division Bench-Deliberate expressions of opinion given after con sideration upon a point clearly brought and argued before Court, however, entitled to highest respect. Halsbury's Laws of England, Vol. XXII, 3rd Edn., para. 1683; Allen!& Law in the Making, Vth Edn. p. 242, and Slack v. Leeds Industrial Cooperative Society (1923) 1 Ch. 431 ref. (c) National and Provincial Assemblies (Elections) Ordinance (XIII of 1970) S. 37-Postal ballot papers, validity of-Tribunal rejecting postal ballot papers on ground of being cast after appointed date-Voes, however, cast before consolidation date - Rejection of votes, held, illegal.-[Election]. (d) National and Provincial Assemblies (Elections) Ordinance (XIII of 1970) S. 37-Recount of votes-Returning Officer admitting many irregu larities and misdiscriptions in counting of votes, inconsistencies in accounts of ballot papers, envelopes being without seal-Tribunal's observations leading to inference of his being of opinion that irregu larities were committed and required investigation-Tribunal notwith standing continuing narration of facts and dismissing applications for recount with sweeping observation of there being no justification for interfering with Returning Officer's orders-Order…