| Citation(s) |
|---|
| 1998 SLG 1384 1998 SLD 1384 1998 CLC 1138 |
Election Tribunal, Punjab
Election Petition No.67 of 1997, heard on 7-02-1998. dates of hearing: 23rd September, 1997 and 7-02-1998
LHSAN-UL-HAQ CHAUDHRY, J
Petitioner in person. Makhdoom Ali, Mukhtar Ahmad Butt and Umar Ata Bandial for
Respondent No. 1
Election Petition No.67 of 1997, heard on 7-02-1998. dates of hearing: 23rd September, 1997 and 7-02-1998
LHSAN-UL-HAQ CHAUDHRY, J
Petitioner in person. Makhdoom Ali, Mukhtar Ahmad Butt and Umar Ata Bandial for
Respondent No. 1
Sheikh MUSHTAQ ALI, ADVOCATE
VS
KHALID ANWAR and others
Law:
Section:
(a) Representation of the People Act (LXXXV of 197,6)-------S.52---Civil Procedure Code (V of 1908), O, VI, R.17---Amendment of election petition---Petitioner not notifying precise amendments to be made--Petitioner also failed to point out place in election petition where additional Paras. were to be added---Application for amendment was in effect for substitution of documents and permission to file affidavit of petitioner as his own witness---Application for amendment had been made with unconscionable delay and even ,if same was allowed, it would not serve any purpose except prolonging agony of parties and wastage of time of Election Tribunal--Application for amendment of election petition was, thus, dismissed being incompetent as also on merits. (b) Electoral Rolls Act (XXI of 1974)--- ----S.6---Constitution of Pakistan (1973), Art.62---Eligibility of respondent to seek election against Special Seat of Technocrats in Senate from Province of Punjab contested on the ground that he was neither resident of Punjab nor was practising law in any of the Courts of Punjab---Effect---Respondent admittedly owned immovable property in Punjab and was, thus, legally entitled to be registered as voter in terms of S.6, Electoral Rolls Act, 1974 and Art.62(c) of the Constitution of Pakistan---Respondent's name, however, having been entered in voters' list, such fact could not be questioned in election petition--Respondent was, thus, entitled to seek election against special seat in Senate from Province of Punjab. Sardar Khalid Nawaz v. Manzoor Ahmad Wattoo 1987 CLC 1167; J. Abel v. Emmanuel Zafar 1987 MLD 1372; Muhammad Ibrahim v. Muhammad Asif Sardar 1986 CLC 2050; Muhammad Azad Gul v. Said Muneer Said and 11 others 1997 CLC 1132; Peter John Sahotra v. Returning Officer 1995 CLC 394; Muhammad Aslam v. Waheed-ud-Din 1990 ALD 170(1); Hazrat Khan v. N. Khalid Khan and others 1997 CLC.1765; Ihrar Khattak v. Mian Muzaffar Shah 1991 CLC 175; Rehana Hussain Mullick v. Sahibzadi Mahmooda Begum 1986 MLD 2707; Muhammad Tariq Chaudhry, Member Senate of Pakistan Islamabad v. Syed Masroor Ahsan and 3 others PLD 1991 Lah. 200; Babu Muhammad Munir v. S.A. Hameed and others 1997 MLD 3027…
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