Case Details

Citation(s)
1985 SLG 996 1985 SLD 996 1985 SCMR 1909
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeals Nos. 468 to 472 of 19135, decision dated: 5-06-1985
ASLAM RIAZ HUSSAIN AND M.S.H. QURAISHI, JJ

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HAYAT MUHAMMAD and 4 others

VS

. ELECTION AUTHORITY and others--Respondents

Law:

Section:

(a) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Grant of leave to appeal--Discretionary relief-­Petitioners not desiring to contest petition before Election Authority consenting to hold fresh poll--Their subsequent review petition failing on technical grounds--Having participated in polls and lost, petitioners challenged decision in Constitutional petition--Petitioner, held: Not entitled to equitable relief under Art. 199 as also not entitled to grant of discretionary relief of leave to appeal. (b) Punjab Local Government Ordinance (VI of 1979)-- ---S. 17--Interpretation of--Jurisdiction of Election Authority--Authority has no power to pass order for fresh poll. Emmanual Masih v. The Punjab Local Councils Election Authority and others 1985 SCMR 729 rel. Dr. A. Basit, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioners (in all the Petitions). Nemo for Respondents. Date of hearing: 5th June, 1985. ORDER ASLAM RIAZ HUSSAIN, J.--This order shall dispose of: (i) C. P. S. L. A. No. 468/1985 filed by Hayat Muhammad; (ii) C.P.S.L.A. No. 469/1985 filed by Rehmatullah; (iii) C. P. S. L. A. No. 470/1985 filed by Muhammad Ramzan; (iv) C. P. S. L. A. No. 471 of 1985 filed by Muhammad Ali; and (v) C. P. S. L. A. No. 472 of 1985 filed by Muhammad Khan, as they involve the same question of law and are directed against the same judgment, dismissing petitioner's writ petition in an election matter. 2. The admitted facts of the case are that the petitioners were directed as members of the Town Committee, Rasulnagar as a result of the poll held on 28-9-1983. On 3-10-1983 the contesting respondents moved a petition before the Punjab Election Authority invoking its jurisdiction under section 17 of the Punjab Local Government Ordinance, 1979 on the plea that the poll at the…
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