Law:

Section:

Specific Relief Act (I of 1877)------Ss. 42 & 54---Suit for declaration and injunction---Election dispute--­Last date for filing of nominations was 4-9-2000---Meeting of Scrutiny Committee of defendant was to be held on 5-9-2000---Final list of valid nominations was to be displayed on 8-9-2000---Last date for withdrawal of nominations was 13-9-2000---Plaintiffs by letter dated 5-9-2000 withdrew their nomination papers, but subsequently sought withdrawal of such letter through letters dated 6-9-2000 and 8-9-2000---Defendant displayed final list, wherein against plaintiffs' names was stated "Nomination withdrawn on 5th September, 2000 vide written request"--Aggrieved with such act of defendant, plaintiffs filed suit contending that subsequent letters seeking withdrawal of earlier letter dated 5-9-2000 were within time as being prior to 13-9-2000 (last date of. withdrawal of nominations), thus, their names should have been appeared in final list as valid nominations---Validity---Withdrawal of nominations made by letter dated 5-9-2000 had been considered and accepted by Scrutiny Committee---Subsequent letters for withdrawing letter dated 5-9-2000 were not valid as same would amount to filing a fresh nomination, which might not be allowed after last date of nominations---High Court directed that election be held on existing final list. Sultan Mawjee and 3 others v. Federation of Pakistan Chamber of Commerce and Industry, Karachi and 3 others PLD 1982 SC 174; Muhammad Bakhsh Rind and another v. Government of Sindh and others PLD 1984 Kar. 334; Abdul Razzique Khan v. Government of Sindh PLD 1994 SC 79 and Abdul Razzique Khan v. Government of Sindh PLD 1993 Kar. 286 ref. Khalid Latif for plaintiff. Munir A. Malik alongwith Ziaul Haq Makhdoom for Defendants Nos. 1, 2 and 3. Khalid Javed for Defendant No.4. ORDER This is a case filed by the plaintiffs being dissatisfied by the declaration made in the list of candidates displayed by the defendant No.1 after scrutiny of nominations. Under the Memorandum and Article of Association of the defendant No.1 a Managing Committee including the office-bearers are to be elected for a period of one year. The term of the Managing…

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