| Citation(s) |
|---|
| 1985 SLG 679 1985 SLD 679 1985 SCMR 1109 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal. No. 1019 of 1984, decision dated: 24-10-1984 (Against the judgment of the Lahore High Court; Multan Bench, Multan, dated 23-9-1984 passed in W.P. No.991 of 1984)
ASLAM RIAZ HUSSAIN MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
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Civil Petition for Special Leave to Appeal. No. 1019 of 1984, decision dated: 24-10-1984 (Against the judgment of the Lahore High Court; Multan Bench, Multan, dated 23-9-1984 passed in W.P. No.991 of 1984)
ASLAM RIAZ HUSSAIN MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ
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MUHAMMAD RAFIQUE
VS
THE ELECTION TRIBUNAL and others
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3)--Punjab Local Councils (Election Petitions) Rules,1979, r.3--Election petition--Workers' seat--Successful candidate not being a worker, election declared void--Leave granted to consider as to whether or not from evidence on record it is shown that petitioner was not a worker on date of election. ORDER ASLAM RIAZ HUSSAIN, J.-- The facts giving rise to this petition are, briefly, that Muhammad Rafique petitioner and Muhammad Aslam respondent No.2 contested the election from a workers' seat in Vehari in the Local Council Election held on 29-10-1983. The petitioner was successful in the election but Muhammad Aslam respondent challenged his election through an election petition on the ground that Muhammad Rafique petitioner was not a 'worker' but was the owner of the New Punjab Confectionary (Bakery) at Vehari. 2. After recording the evidence the Election Tribunal allowed the petition and declared the election void. The petitioner filed a writ petition against this order which failed. Hence the present petition. 3. The learned counsel for the petitioner argued that the findings of the learned Election Tribunal are based on a misreading of the testimony of the witnesses and documents produced by respondent No.2.…
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