| Citation(s) |
|---|
| 2002 SLG 1472 2002 SLD 1472 2002 SCMR 1551 |
Supreme Court of Pakistan
Civil Petition No.718-L of 2002, decision dated: 27-03-2002. (On appeal from the order dated 26-2-2002 passed by the Lahore High Court, Multan Bench, Multan in Writ Petition No. 1054 of 2002)
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Ihsanul Haq Chaudhry, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Petitioner. Ch. Muhammad Ashraf, Advocate Supreme Court for
Respondents
Civil Petition No.718-L of 2002, decision dated: 27-03-2002. (On appeal from the order dated 26-2-2002 passed by the Lahore High Court, Multan Bench, Multan in Writ Petition No. 1054 of 2002)
MUNIR A. SHEIKH, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Ihsanul Haq Chaudhry, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Petitioner. Ch. Muhammad Ashraf, Advocate Supreme Court for
Respondents
AKBAR ALI ANSARI and another
VS
ELECTION TRIBUNAL and others
Law:
Section:
Punjab Local Government Elections Rules, 2000--- ----Rr. 39 & 70---Constitution of Pakistan (1973), Arts.185(3) & 199--Election dispute---Constitutional Jurisdiction of High Court---Interim injunction, grant of---Petitioners were candidates for the seats of Nazim and Naib-Nazim and were declared as returned candidates and notification was issued in that respect---Respondents assailed the election and after recounting of ballot papers, the respondents were declared as returned candidates---Order of the Election Tribunal was challenged by the petitioners in Constitutional petition before High Court alongwith application for interim injunction---Petitioners sought interim injunction against taking of oath of the respondent till disposal of the petition as respondent had not taken the oath of the office of Nazim and Naib-Nazim---High Court declined the injunction---Validity---Petitioner had already been declared elected and they were holding the posts and the Election Tribunal acted in haste to proceed to re-count the votes and declared the respondents as successful against which the Constitutional petition had been admitted---Exercise of discretion of refusal to issue interim, injunction by High Court was not based on application of judicial mind and the order of High Court suffered from arbitrariness---Supreme Court set aside the order passed by High Court and operation of order passed by Election Tribunal declaring the respondents as successful candidates was suspended with direction to petitioners to continue to hold the offices of Nazim and Naib-Nazirri till the disposal of the Constitutional petition by High Court---Petition for leave to appeal was converted into appeal and the same was allowed. JUDGMENT MUNIR A. SHEIKH, J.---The respondents contested election for the post of Nazim and Naib-Nazim of Union Council No.7 in the last Local Bodies Elections. After count of ballot papers, the petitioner was found to have succeeded by 09 votes but subsequently, however, he was found to have succeeded by a majority of 6 votes. The respondents were declared elected and a notification issued and they took oath and had been performing functions as Nazim and…
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