| Citation(s) |
|---|
| 1999 SLG 791 1999 SLD 791 1999 PLC 144 |
Lahore High Court
Intra-Court Appeal No. 598 and Civil Miscellaneous Nos. 1 and 2 of 1998, decision dated: 16-07-1998.
RAJA MUHAMMAD KHURSHID AND KH. MUHAMMAD SHARIFF, JJ
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Intra-Court Appeal No. 598 and Civil Miscellaneous Nos. 1 and 2 of 1998, decision dated: 16-07-1998.
RAJA MUHAMMAD KHURSHID AND KH. MUHAMMAD SHARIFF, JJ
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MUHAMMAD NAWAZ KHAN
VS
Mian MUHAMMAD MUNIR and 5 others
Law:
Section:
Constitution of Pakistan (1973)---Art. 199---Law Reforms Ordinance (XII of 1972), S. 3---Intra-Court Appeal---Appellant who was elected Chairman of Employees' Union in the Department, had alleged that his period of two years as Chairman had unilaterally been curtailed and such unilateral action could not be taken by the Department to deprive him of his right to hold elected office for two years---Contention of appellant was that order curtailing period of two years was violative of rules of Union and was based on mala fides---Appellant had failed to bring on record constitution of union or election rules---In absence of such rules or constitution, it could not be urged that action of Department was in excess of its jurisdiction or was mala fide and illegal---Election of Union being internal matter of Union it would not be possible to interfere in internal management or working of Union in Constitutional jurisdiction of High Court---Judgment passed by High Court being eminently just and right would call for no interference in Intra-Court Appeal. Sh. Khalil-ur-Rehman Khan for Appellant. ORDER This Intra-Court Appeal is filed under section 3 of the Law Reforms Ordinance, 1972 to call in question judgment dated 13-7-1998 passed by the learned Single Judge of this Court in Chamber, whereby, the writ petition filed by the appellant was dismissed in limine. 2. The impugned order is challenged on the ground that the appellant was elected as Chairman of Hydro Electric Union Sub-Division, Shah Jewna, District Faisalabad in the year 1997 for two years, whereas that period had been curtailed unilaterally by the respondents by announcing election schedule, whereby, it was directed that the election of the Union will be held on 16-7-1998. It was contended that such unilateral action could not be taken by the respondents to deprive the appellant of his right to hold the elected office as Chairman for two years; that the respondents had no jurisdiction to hold fresh election at the Divisional level for all the three Sub-Divisions because no confidence motion was moved for only one Sub-Division i.e. Shah Jewna; that the impugned order was…
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