Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 185(3) & 199--Punjab Local Councils (Election) Rules, 1979, R.60--Constitutional jurisdiction--Special law providing for a forum for initiation of inquiry into facts--Effect--Power of judicial review in such a case ordinarily does not come into play unless whole gamut of fact finding process has been gone through and effect of facts ascertained determined by Tribunals charged with duty in the matter. (b) Constitution of Pakistan (1973)----Art. 185(3)--Punjab Local Councils (Election) Rules, 1979, R.60-­Constitutional jurisdiction--Breach of rule--Effect on election--Mere breach of a Rule, an Instruction or a provision of law does not per se vitiate or invalidate an election but it is only when upon such breach result is materially affected that election itself gets tainted--For determining nature, background and effect of illegality a factual inquiry has in any case to be undertaken and if that is not undertaken, constitutional jurisdiction, held, was not appropriate one for redress of grievances. (c) Punjab Local Councils (Election) Rules, 1979---R. 60--Constitution of Pakistan (1973), Art. 199--Petition for leave to appeal--Election--Petitioner raising a number of questions of fact which all stood controverted--Only legal ground raised was that election to office of Vice-Chairman was not held after election of Chairman but simultaneously and as such violation of R. 60 of Punjab local Councils (Election) Rules, 1979 took place--Effect of such an irregularity, if it was, there, remaining undetermined and for determining same a factual inquiry was to be undertaken which was not undertaken--Constitutional jurisdiction, held, was not appropriate one for redress of such grievances--High Court in refusing discretionary relief, therefore; had nut acted in breach of any principle of law. ORDER SHAFIUR RAHMAN, J.--Petitioner Mir Muhammad Yaqub, an elected member of Town Committee, Kunjah, Tehsil and District Gujrat, contested election for the office of Chairman held on 20-12-1979 and lost to Malik Muhammad Zafar Khan. Petitioner Muhammad Alsam, an elected member of the same Committee, contested the election for the office…

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