Case Details

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.

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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