| Citation(s) |
|---|
| 1986 SLG 607 1986 SLD 607 1986 SCMR 762 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 892 of 1980, decision dated: 7-12-1980. (Against the judgment and order, dated 28-6-1980 of the Lahore High Court in Writ Petition No. 5722 of 1980).
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND SHAFIUR RAHMAN, JJ
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Civil Petition for Leave to Appeal No. 892 of 1980, decision dated: 7-12-1980. (Against the judgment and order, dated 28-6-1980 of the Lahore High Court in Writ Petition No. 5722 of 1980).
ASLAM RIAZ HUSSAIN, ABDUL KADIR SHAIKH AND SHAFIUR RAHMAN, JJ
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SHAHBAZ KHAN and 3 others
VS
ADDITIONAL DISTRICT AND SESSIONS JUDGE
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Election petition becoming infructuous--Application praying stay of Elections--- Holding of polls not stayed but order passed not to notify result during pendency of petition--Petitioners admission subsequently that he had been defeated though results were not formally notified--Petition dismissed as infructuous. A. Karim Malik, Advocate Supreme Court, Tanvir Ahmed, Advocate-on-Record for Petitioner. ORDER ASLAM RIAZ HUSSAIN, J.--Shahbaz Khan, petitioner, contested election alongwith Muhammad Sadiq, Lal Khan and Gulzar Khan, respondents Nos. 2, 3 and 4 in the recent District Council Elections on one of the two seats from a multi-member Electoral Unit in Union Council, Dandot, Tehsil Pind Dadan Khan, District Jhelum. 2. Since only two persons were to be elected, Gulzar and Sadiq were declared successful, having obtained more votes than the other contestants. Gulzar obtained maximum number of votes 298, Sadiq secured 241 and petitioner Shahbaz got 227 votes. 3. The petitioner filed an election Petition challenging the election of Sadiq, respondent. On the joint statement of the counsel for the parties the Election Tribunal, by its order, dated 6-5-1980 declared the election as a whole to be void. Consequently, fresh elections were ordered to be held for the two seats. 4. The petitioner…
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