Case Details

Citation(s)
1995 SLG 495 1995 SLD 495 1995 SCMR 79
Supreme Court of Pakistan
Civil Petition No. 295 P of 1993, decision dated: 21st September, 1994.
SALEEM AKHTAR AND FAZAL ILAHI KHAN, JJ
Sanaullah Khan Gandapur, Advocate Supreme Court (in person) and Abdul Hamid Qureshi, Advocate on-Record. Nemo

SANAULLAH KHAN GANDAPUR

VS

ADVOCATE GENERAL, N, W.F.P. and others

Law:

Section:

Legal Practitioners and Bar Councils Rules, 1976 Rr. 61, 63 & 64 Constitution of Pakistan (1973), Arts. 185(3) & 199 ¬Acceptance of nomination papers for contesting the election of Member of the Provincial Bar Council filed after lapse of specified time Validity Leave to appeal was granted to consider the contention that nomination papers filed by respondent candidates could not be accepted as they were received in the office of the Returning Officer much after the date and time fixed for submitting such nomination papers; that no assistance could be sought from the provisions of the Representation of the People Act, 1976 and rules framed thereunder and that the only remedy available against such illegal acceptance of nomination papers was to file a constitutional petition under Art. 199 of the Constitution of Pakistan. ORDER SALEEM AKHTAR, J. The petitioner seeks leave to appeal against the judgment of the learned Judges of the High Court, whereby his Constitution petition challenging the acceptance of nomination papers of respondents Nos.3, 4 and 5, was dismissed. 2. The petitioner filed nomination papers for contesting the election of Member of the Provincial Bar Council. According to the Notification issued by the Advocate General, the Returning Officer, the nomination papers were to be filed and delivered, in the office of the Returning Officer up to 2 p.m. on 6 11 1993. The petitioner filed his nomination papers within time but respondents Nos.3, 4 and 5 filed their nomination papers on 6 11 1993 before 2 p.m. in the Court of Senior Civil Judge, D.I. Khan. The same was forwarded to the Advocate General on the same day and was received by the Returning Officer's office on 7 11 1993 at 9 a.m. The petitioner objected that the nomination papers have been filed beyond…
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