Law:

Section:

Punjab Local Government Ordinance (VI of 1979)------S.24---Punjab Local Councils (Election Petitions) Rules, 1979, R.3(2)--­Constitution of Pakistan (1973), Art.185(3)---Petitioner's election as Chairman of Local Council was set aside---Election Tribunal also found petitioner disqualified to be elected as a councillor because he had not attained the requisite age limit of 25 years on the date of filing of nomination papers---High Court, in Constitutional jurisdiction, suspended the operation of the impugned order of the Election Tribunal in so far as it unseated the petitioner from the membership of Local Council---Order impugned---Held, real situation appeared to be that deseating of petitioner as a member of Local Council was suspended because there was prima facie force in the submission that without the respondent's filing 'any election petition against his election as member of Local Council, more so, when the latter had no locus standi vis-a-vis the said election, petitioner could not have been deseated from the said office but the prima facie acceptance of this plea did not imply that the finding to the effect that the petitioner was less than the requisite 25 years of age, was regarded as suffering from any infirmity---Most appropriate course appeared to be that the High Court might have given priority to this petition and tried to dispose it of within specified time, if possible. ORDER NASIM HASAN SHAH, J.---This petition is directed against the interlocutory order passed by the High Court while admitting the writ petition filed by the petitioner to a regular hearing but refusing to grant interim relief in the terms desired by the petitioner. The relevant facts briefly are that the petitioner was elected as a Mcmber of the Municipal Committee Ward No.4 Mianwali in the election held on 30-11-1987. After this election he successfully contested the election of the Chairman of the. Municipal Committee held on 4-1-1988. In this election, Saajid Khan Niazi, respondent No.3 herein, was his contestant. The aforesaid Saajid Khan Niazi having lost the election submitted an application under section 24 of the Punjab Local Government Ordinance, 1979 read with…

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