Law: Constitution of Pakistan, 1973

Section: 185(3),199

Constitution of Pakistan (1973)---Arts. 185(3) & 199-Constitutional jurisdiction--Question of fact decided by competent authority on basis of evidence on record--high Court declining to re-examine evidence in constitutional jurisdiction--Contention that if evidence would have been scrutinized by High Court, conclusion would have been different, held, was no ground for granting leave in circumstances--Leave to appeal refused by Supreme Court. Muhammad Hussain Munir etc. v. Sikandar etc. P L D 1974 S C 139 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from order dated 21-1-1981 of a Division Bench of the Lahore High Court, whereby a writ petition arising out of an election matter, was dismissed. The grievance made by the petitioner in the High Court was that Afzal Hussain, respondent No. 4, was not qualified to contest the election in dispute; as he at the relevant time did not satisfy the condition relating to the ownership of property--that it should be less than five Acres of land. The learned Judges taking note of the fact that the question of the extent of the holding of Afzal Hussain, respondent, had been decided by the election authority "on the basis of evidence on record" and the evidence "was dealt with by the said authority at some…

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