| Citation(s) |
|---|
| 1987 SLG 306 1987 SLD 306 1987 SCMR 317 |
Supreme Court of Pakistan
Civil Appeal No. 397 in Civil Petition for Special Leave to Appeal No. 877 of 1986, decision dated: 10-12-1986). (On appeal from the judgment of the Lahore High Court, Lahore, dated 22-9-1986 in Writ Petition No. 3215 of 1986
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Muhammad Arif, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1. Zafar Pasha Chaudhary, Advocate Supreme Court instructed by M. A. Qureshi, Advocate-on-Record for
Respondents Nos. 2 and 3.
Civil Appeal No. 397 in Civil Petition for Special Leave to Appeal No. 877 of 1986, decision dated: 10-12-1986). (On appeal from the judgment of the Lahore High Court, Lahore, dated 22-9-1986 in Writ Petition No. 3215 of 1986
ASLAM RIAZ HUSSAIN AND SAAD SAOOD, JAN, JJ
Muhammad Arif, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondent No. 1. Zafar Pasha Chaudhary, Advocate Supreme Court instructed by M. A. Qureshi, Advocate-on-Record for
Respondents Nos. 2 and 3.
Mian MUHAMMAD MUNIR
VS
ELECTION TRIBUNAL and others
Law:
Section:
(a) Constitution of Pakistan (1973)-----Art. 185(3)--Acquiescence--Petitioner seeking setting aside of impugned orders--Respondent having no objection if orders were set aside--Petition converted into appeal and allowed--Impugned order set aside. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Punjab Local Councils (Election Petitions) Rules, 1979, R.14--Election Tribunal's order declaring election as void, challenged-Pleas that irregularities to which Tribunal referred could not have materially affected result of election and that no evidence was led to show that alleged irregularities /illegalities had been committed at the instigation or with the connivance of petitioner, not disputed by contesting respondent who had no objection if orders impugned were set aside--Petition converted into appeal, impugned orders set aside and appeal allowed. JUDGMENT SAAD SAOOD JAN, J.--The petitioner, respondent No. 2 and respondent No. 3 were candidates in the election to the Lahore Municipal Corporation from the Electoral Unit No. 55. The petitioner received the highest number of votes and was declared elected. Respondent No. 2 filed an election petition before the Election Tribunal presided over by the Additional District Judge, Lahore. By an order, dated 29-7-1986 the Election Tribunal accepted the petition and declared the election void. The petitioner…
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