| Citation(s) |
|---|
| 2008 SLG 1619 2008 SLD 1619 2008 SCMR 525 |
Supreme Court of Pakistan
Civil Petitions Nos.1588-L and 1589-L of 2005, decision dated: 16-08-2005.(On appeal from judgment, dated 10-8-2005 of the Lahore High Court, Lahore passed in Writ Petitions Nos.14373 and 14367 of 2005)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., SARDAR MUHAMMAD RAZA KHAN AND SAIYED SAEED ASHHAD, JJ
Dr. Mohy-ud-Din Qazi, Advocate Supreme Court with C.M. Lateef, Advocate-on-Record for Petitioners (in both C.Ps.). Muhammad Shehzad Shaukat, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondents Nos.3 (in C.P. No. 1588-L of 2005) and
Civil Petitions Nos.1588-L and 1589-L of 2005, decision dated: 16-08-2005.(On appeal from judgment, dated 10-8-2005 of the Lahore High Court, Lahore passed in Writ Petitions Nos.14373 and 14367 of 2005)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., SARDAR MUHAMMAD RAZA KHAN AND SAIYED SAEED ASHHAD, JJ
Dr. Mohy-ud-Din Qazi, Advocate Supreme Court with C.M. Lateef, Advocate-on-Record for Petitioners (in both C.Ps.). Muhammad Shehzad Shaukat, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for
Respondents Nos.3 (in C.P. No. 1588-L of 2005) and
Syed ISHFAQ HUSSAIN SHAH and others
VS
DISTRICT JUDGE with the powers of District Returning Officer, Lahore and others
Law:
Section:
Punjab Local Government Ordinance (XIII of 2001)---S. 163---Constitution of Pakistan (1973), Art.185(3)---Ineligibility for re-election---Leave to appeal was granted to examine; that as to whether in pursuance of S.163 of the Punjab Local Government Ordinance, 2001 (before amendment), petitioners were eligible to contest the election, because according to counsel for respondent, petitioners were debarred to contest re-election and not General Elections of Local Councils; and that as to whether despite omitting/repealing the provisions of S.163 of the Punjab Local Government Ordinance, 2001, petitioners would remain debarred to contest election on account of the effect of repealing---Petitioners were allowed to contest election. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Petitioners have called in question order, dated August 10th, 2005 whereby writ petition filed by Shahid Munir respondent was accepted and they were disqualified to contest the election as one of them i.e. petitioner Ishfaq Hussain Shah was recalled during the last tenure of the Local Councils. 2. After hearing the learned…
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