| Citation(s) |
|---|
| 1999 SLG 508 1999 SLD 508 1999 SCMR 2470 |
Supreme Court of Pakistan
Civil Petition No. 1791-L of 1998, decision dated: 18-11-1998. (On appeal from the order dated 2-11-1998 passed by Lahore High Court, Lahore in W.P. No. 22563 of 1998)
IRSHAD HASAN KHAN AND RAJA AFRASIAB KHAN, JJ
Arif Chaudhry, Advocate Supreme Court with Ch, Talib Hussain, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition No. 1791-L of 1998, decision dated: 18-11-1998. (On appeal from the order dated 2-11-1998 passed by Lahore High Court, Lahore in W.P. No. 22563 of 1998)
IRSHAD HASAN KHAN AND RAJA AFRASIAB KHAN, JJ
Arif Chaudhry, Advocate Supreme Court with Ch, Talib Hussain, Advocate-on-Record for Petitioners. Nemo for
Respondents
Chaudhry ABDUL REHMAN, COUNCILLOR and 15 others
VS
CHAIRMAN, PUNJAB LOCAL COUNCILS ELECTION AUTHORITY, LAHORE and 8 others
Law: Constitution of Pakistan, 1973
Section: 185(3),199
Constitution of Pakistan (1973)--Arts. 185(3) & 199---Election---Constitutional petition---Contention of petitioners was that they having been deprived of their vested right of casting votes during scheduled time despite they remained present in office of Returning Officer, throughout, High Court should have redressed their grievance pursuant to Constitutional petition filed by them---Validity---Question whether petitioners were deprived of their right of casting votes, was essentially a question of fact--High Court, in circumstances, was right in declining to resolve that factual controversy in exercise of its Constitutional jurisdiction with observation that proper remedy for redressal of grievance of petitioners lay in filing election petition---Well-reasoned order passed by High Court not suffering from any legal flaw or infirmity, did not warrant interference by Supreme Court. JUDGMENT IRSHAD HASAN KHAN, J.--This petition for leave to appeal is directed against the order dated 2-11-1998 passed by the Lahore High Court, Lahore in Writ Petition No. 22563 of 1998, arising out of an election matter. 2. Brief facts are that election for the seats of ladies and labour for the Town Committee, Renala Khurd-, District Okara, were held on 15-10,1998. The petitioners claimed to be the candidates for the said seats. , 3. Grievance of the petitioners is that polling time for the said election was between 9-00 a.m. to 10-00 a.m. However, when the petitioners reached the office of the Returning Officer/Assistant Commissioner, Okara, at 9-00 a. m. they were told by the Returning Officer that they should be in the office at 9-30 a.m. In consequence, petitioners reached his office accordingly but were informed by the Returning Officer that they will be apprised of the voting time shortly. The precise grievance is that the petitioners remained present in the office of the Returning Officer throughout but they were precluded from exercise of their right to vote at the behest of local M.P.A. Ch. Zia-ud-Din, who is not a party to these proceedings. 4. Learned counsel for the petitioners vehemently argued that the petitioners could not be deprived of their vested right of…
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