Law:

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(a) Interpretation of statutes------Retrospectively- Procedural law-Change in procedure without affecting substantive right ­Operates on pending cases. (b) West Pakistan Basic Democracies (Election of Chairman) Rules, 1960---- --r. 7-Rule 7 as newly substituted by Notification. No. BDI16-4160 dated 26-2-66-Amended rule, being procedural in nature, operates retrospectively. Where the contention was that the amended rule 7 of the West Pakistan Basic Democracies (Elections of Chairman) Rules, 1960 which came into force on 26-2-66 long after an election petition had been filed, was not applicable to proceeding relating to that application, it was held At the argument suffered from a fallacy as there can be no vested right in procedure and change in procedure without affecting substantive rights, will operate on pending cases. The amended rule which merely provided for an additional forum for the decision of election petitions brought about a procedural change which would govern pending petitions entrusted to it. (c) West Pakistan Basic Democracies (Election of Chairman) Rules, 1960--- --Rr. 7 & 5 (5)-Two contesting candidates-Both found to have drawn equal number of votes-Proper course: to draw lots under r. 5 (5)-Controlling Authority hearing election petition-Not justified, in circumstance, to order fresh election. Sh. Aftab Hussain, Senior Advocate Supreme Court (D. M. Awan, Advocate Supreme Court with him) instructed by Sh. Masud Akhtar, Attorney for Appellant. M. B. Zaman, Senior Advocate Supreme Court (Bashir Zafar, Advocate Supreme Court with him) instructed by Fazle-Hussain, Attorney for Respondent No. 1. Respondent No. 2:-Ex parte. Date of hearing : 2nd December 1968. JUDGMENT SAJJAD AHMAD, J.-This appeal by special leave against a decision of the High Court of West Pakistan at Lahore, has been brought in the following circumstances. The appellant Ch. Safdar Ali contested the election of the Chairman, Union Committee No. 22, Model Town, Lahore, against the respondent Karam Elahi, the only other contesting candidate. The election was held on the 18th of January 1966 and resulted in a tie, both the contestants having secured 8 votes, each, in the total…

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