Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--   ---Art.185(3)--Leave to appeal--Grant of--Interim order--Interference with--Interim order granting stay which lay in the domain of judicial discretion, challenged--Petitioner having sufficient opportunity to contest the order at the time of its confirmation by High Court, Supreme Court declined to interfere--Petition dismissed.   (b) Constitution of Pakistan (1973)--   ---Art.185(3)--Leave to appeal--Grant of--Interim order--Interference with--Stay granted by High Court--Authority in view of such order in exercise of its own discretion, considering it against propriety to pass orders immediately on petitioners application--Order of Authority being itself an interim order which did not determine rights of parties before the Authority, no interference was called for--Leave to appeal refused. ORDER ZAFFAR HUSSAIN MIRZA, J.--Sheikh Allah Ditta Sethi and his son Sheikh Fazal Elahi Sethi, respondents Nos. l and 2 respectively, claiming to be voters of Electoral Rolls printed for Ward No.2, Rawalpindi, applied for insertion of their names on 17th October, 1987, asserting that they were residents of House No.P-1613-F(1) and on the same day the Revising Authority allowed their request ordering the inclusion of their names. On the next day, Malik Saleem Akhtar, petitioner herein applied before the same Authority under section 18 of Electoral Rolls Act, 1974, and on this a notice was ordered to issue to the said respondents but the notice was returned unserved. Then after an ex parte inquiry the Revising Authority by its order, dated 12th October, 1987, excluded the names of the respondents from the Electoral Rolls of the area in question. The said respondents approached the Election Commissioner in the matter who by order, dated 27th October, 1987, directed the Registering Authority not to implement the order dated 12th October, 1987. As the aforesaid order was passed without notice to the petitioner he also approached the Election Commissioner, and once again without notice to the said respondents the learned Election Commissioner recalled his earlier order, dated 27th October, 1987, on 3rd November, 1987. Faced…

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