Case Details

Citation(s)
1958 SLG 35 1958 SLD 35 1958 PLD 228
Supreme Court of Pakistan

M. SHAHABUDDIN, A. C.J., A. R. CORNELIUS, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
Manzur Qadir, Senior Advocate, Supreme Court (M. Ismail Bhatti, Advocate, Supreme Court with him) instructed by Magbool Ahmad, Attorney on behalf of M. A. Rehman, Attorney on-Record for Appellant. Riasat Ali Khan, Advocate Supreme Court instructed by Amja

Civil Appeal No. 42 of 1957 IMTIAZ ALI

VS

(1) GHULAM MUHAMMAD BUTT and (2) PROVINCE OF WEST PAKISTAN Civil Appeal No. 43 of 1957 THE PROVINCE OF WEST PAKISTAN vs (1) GHULAM MUHAMMAD BUTT and (2) IMTIAZ ALI

Law:

Section:

(a) Government action-Dictated by political considerations ­Courts not to canvass political reasons underlying action so long as action is within law. The actions of any Government which is a representative Government of the parliamentary type, are rarely free from politi­cal considerations. That aspect of governmental action is best left to be ventilated and either criticised or approved in the forums to which it properly pertains namely the legislature and the public platform. The Courts are concerned exclusively with the admini­stration and implementation of written laws which are provided for the guidance of the Government and for the protection of the rights of the people. It is a rare case indeed in which a necessity can truly be felt to refer to the political considerations by which any governmental action is guided, or may be inferred to have been guided, when the question before the Court is as to the competency or propriety of the action in question as judged in the light of the law applicable to the subject. In other words, so long as the action is within the law, it is unnecessary, and may be harmful to the public interest, to canvass the political reasons underlying the action. For the protection of the subject who seeks the aid of the Courts it is sufficient that the action taken on its face should be judged against the provisions of the law. (b) Punjab District Board Election Rules, rr. 52 & 57 (I) ­Election petition-Deemed to be "pending" only on date on which it was entrusted to District Judge for inquiry. An election petition under rule 52 cannot be said to be pend­ing until at any rate, it was received by the Government although it would be more correct to describe it as pending from the date on which it was entrusted to the District Judge under rule 57 (1) of the Punjab District Board Election Rules. (c) Punjab District Board Election Rules, r. 69-Serious irregu­larities in conduct of election committed by Government officials-­To be inquired into by Provincial Government under r. 69. If an election is found to be vitiated by serious irregularities in the conduct of the election by officials of Government, it would be a proper exercise…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492