| Citation(s) |
|---|
| 1986 SLG 785 1986 SLD 785 1986 SCMR 1222 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 409-R of 1985, decision dated: 5-11-1985. (On appeal from judgment and order of Lahore High Court, Rawalpindi Bench Rawalpindi, dated 6-10-1985 in Writ Petition No.345 of 1985).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Civil Petition for Leave to Appeal No. 409-R of 1985, decision dated: 5-11-1985. (On appeal from judgment and order of Lahore High Court, Rawalpindi Bench Rawalpindi, dated 6-10-1985 in Writ Petition No.345 of 1985).
MUHAMMAD HALEEM, C.J., NASIM HASAN SHAH, SHAFIUR RAHMAN, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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RAB NAWAZ
VS
ELECTION TRIBUNAL/DEPUTY COMMISSIONER, JHELUM and others
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Local Councils (Election Petitions) Rules, 1979, R.15--Punjab Local Councils (Election) Rules, 1979, R.28(1)--Election to Local Council--Interruption of polls by open violence--Large number of voters could not exercise their right to vote--Tribunal declared election as a whole void and ordered fresh election--Decision impugned-Plea that Tribunal had no jurisdiction to declare election void, and order fresh election repelled--Polling having been disturbed and stopped by open violence and Presiding Officer admittedly having failed to record any reason for stopping poll or to report matter to Deputy Commissioner and Election Authority, Tribunal was competent to declare election as a whole to be void--Finding of Tribunal being unexceptionable, High Courts order dismissing writ petition upheld--Leave to appeal refused. Ahmed Raza Khan Kasuri, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. M. Bilal, Advocate Supreme Court with Imtiaz Muhammad Khan, Advocate-on-Record for Respondents Nos. 2 and 3. Date of hearing: 5th November, 1985. ORDER S.A. NUSRAT, J.--The petitioner was declared elected to the Union Council, Munara, from Ward No.2 in the election held on 28-9-1984 while the respondents 2 and 3 were defeated. The second respondent filed an election petition under section 24 of the Punjab Local Government Ordinance, 1979 challenging the election. One of the grounds raised in the petition was that the result of the appeal was materially affected because of the interruption of the poll by open violence which was accepted by the learned Tribunal and the election as a whole was declared void and fresh election was ordered. 2. The petitioner filed a constitutional petition in the Lahore High Court challenging the decision of the Election Tribunal, which was dismissed on 6-10-1985. It appears from the impugned judgment that finding of fact alone was challenged before the High Court and no legal pleas were raised. The learned counsel for the petitioner contended before us that the Election Tribunal had no jurisdiction to declare the election void on the ground that the poll was…
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