| Citation(s) |
|---|
| 2009 SLG 1882 2009 SLD 1882 2009 CLD 1013 |
Sindh High Court
C.P. No. D-330 of 2005, C.M.As. Nos. 5573, 5995 of 2005, 697, 868, 1525, 2730, 6893, 8102, 8819, 8880, 8912, 8880, 8912 of 2006, 342, 343, 453, 1296, 7395 of 2007, 70, 71, 1253, 2708, 2709, 5325, of 2008 decided on 30-01-2009.
AZIZULLAH M. MAMON AND KHALID ALI Z. QAZI, JJ
Zahid Hamid for
Respondent No. 4. Dr. Farogh Naseem and Munawar Hussain for Interveners.
C.P. No. D-330 of 2005, C.M.As. Nos. 5573, 5995 of 2005, 697, 868, 1525, 2730, 6893, 8102, 8819, 8880, 8912, 8880, 8912 of 2006, 342, 343, 453, 1296, 7395 of 2007, 70, 71, 1253, 2708, 2709, 5325, of 2008 decided on 30-01-2009.
AZIZULLAH M. MAMON AND KHALID ALI Z. QAZI, JJ
Zahid Hamid for
Respondent No. 4. Dr. Farogh Naseem and Munawar Hussain for Interveners.
Messrs YOUNG MEN„¢S CHRISTIAN ASSOCIATION (YMCA) through President
VS
. GOVERNMENT OF SINDH through Secretary Social Welfare and Women Development Department Karachi High Court and 3 others--Respondents
Law:
Section:
(a) Civil Procedure Code (V of 1908)------S. 11---Res judicata---Declaration given by Court in respect of issues, which were decided---Validity---Orders of Court must he respected---Such declaration was res judicata. Pir Baksh v. Chairman, Allotment Committee PLD 1987 SC 145 rel. (b) Constitution of Pakistan (1973)---- ----Art.199---Voluntary Social Welfare Agencies (Registration and Control) Ordinance (XLVI of 1961), S. 4---Constitutional petition--Supersession of Governing Body of Association through Notification of Provincial Government---Order of High Court disposing of constitutional petition after setting aside such notification with directions to its Nazir to prepare voters list and conduct of election---Entertainment of interlocutory applications by High Court after passing such order---Objection of petitioner that such order had rendered such applications to be infrucutuous---Validity---Judges having disposed of constitutional petition were not available---Such application had been entertained by Judges other than those having authored such order---Directions contained in such order to hold elections were yet to be brought to their logic end---Such objection was overruled in circumstances. Capital Development Authority v. Khuda Baksh 1994 SCMR 771 and Abbas Khaleeli v. Saifuddin PLD 1969 Kar. 692 ref. Capital Development Authority v. Khuda Buksh 1994 SCMR 771 rel. (c) Constitution of Pakistan (1973)--- ----Art.199---Election dispute---Quo warranto, writ of---Scope---person not being a losing candidate, could challenge election by way of such writ. Muhammad Afsar Khan v. Muhammad Amin Khan Tareen PLD 1983 Pesh 234 ref. Abdul Wahid v. Din Muhammad PLD 1982 Lah. 168 rel. (d) Election--- ---Election could not be annulled or vitiated in absence of violation of electoral rules/law materially affecting electoral results. Behram Khan v. Abdul Hameed Khan Achakzai PLD 1990 SC 352 rel. (e) Constitution of Pakistan (1973)--- ----Art.199---Voluntary Social Welfare Agencies (Registration and Control) Ordinance (XLVI of 1961), S.4---Constitutional petition---Supersession of Governing Body of Association through Notification of Provincial Government---Setting aside…
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