| Citation(s) |
|---|
| 1985 SLG 511 1985 SLD 511 1985 SCMR 532 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.1020 of 1984, decision dated: 15th October. 1984. (Against the order of the Lahore High Court, Lahore, dated 2-10-1984, passed in Writ Petition No.4530 of 1983)
ASLAM RIAZ HUSSAIN, SHAFIUR RAHMAN, M.S.H. QURAISHI AND MIAN BURHANDUDDIN KHAN, JJ
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Civil Petition for Special Leave to Appeal No.1020 of 1984, decision dated: 15th October. 1984. (Against the order of the Lahore High Court, Lahore, dated 2-10-1984, passed in Writ Petition No.4530 of 1983)
ASLAM RIAZ HUSSAIN, SHAFIUR RAHMAN, M.S.H. QURAISHI AND MIAN BURHANDUDDIN KHAN, JJ
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WILAYAT KHAN
VS
REHAM DAD and others
Law:
Section:
Constitution of Pakistan (1973)---Arts. 185(3) & 199--Punjab Local Government Ordinance (VI of 1979), S.24--Local Council Election--Mistake in counting votes--Election Tribunal deciding matter without framing issue in respect of question in dispute--Order challenged in writ jurisdiction--Plea that procedure laid down by rule 8 of Punjab Local Council (Election Petition) Rules, 1979 was not strictly followed repelled--Strict compliance with procedure prescribed by C.P.C. in such matter not necessary--Election Tribunal having done what was essential to resolve dispute and substantial justice having been done, leave to appeal refused by Supreme Court. ORDER ASLAM RIAZ HUSSAIN. J.-- The petitioner seeks leave to appeal against the order of the Lahore High Court, dismissing his writ petition whereby he had challenged the order of the Election Tribunal, dated 22-10-1983. 2. The facts, briefly, are that the petitioner and respondent No.l contested the Local Council Election held on 28-9-1983 for a seat in Ward No.6, Union Council Karianwala, District Gujrat. As a result of the counting of the votes immediately after the election each of the candidates was found to have obtained 139 votes. Lots were consequently drawn and the petitioner was declared as successful. The respondent challenged his election through an election petition under section 24 of the Punjab Local Government Ordinance, 1979. Before the Election Tribunal, respondent No.l made a statement withdrawing all objections, except the objection relating to counting.…
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