Law: Northern Areas Local Government Order, 1979

Section: 52

Law: Northern Areas Local Government Order, 1979

Section: 52

Law: Northern Areas Local Government Election Rules, 1979

Section: 56(1),58(4),55,56

(a) Northern Areas Local Government Election Rules, 1979-------Rr. 51(1) & 58(4)---Civil Procedure Code (V of 1908), Ss.3 & 115---Revisional jurisdiction of Chief Court---Scope---Election Tribunal constituted under Art.52 of Northern Areas Council Election Order, 1979, a Court of special jurisdiction and not a Civil Court of general jurisdiction subordinate to Chief Court---Orders passed by such a Special Court cannot be assailed before Chief Court in revision under S.115, C.P.C.---Mere fact that Election Tribunal is presided over by a person who is or has been District Judge or an Additional District Judge does not 'automatically mean that orders passed by such a Judge being subordinate to High Court in terms of S.3, C.P.C. become revisable by the Chief Court---Court which is inferior in rank to the High Court is treated as subordinate to High Court only if it had been declared subordinate to High Court by a statutory provision---Since no such provision existed in the Rules providing that Election Tribunal was subordinate to Chief Court nor any remedy against orders passed by Election Tribunal was available in shape of appeal, Chief Court could not exercise its revisional jurisdiction in the matter. 1981 C LC 516 and PLD 1970 Lah. 641 ref (b) Northern Areas Local Government Election Rules 1979--- ----Civil Procedure Code (V of 1908), Preamble---Election petition, transfer of---Powers of Chief Court---Scope---Chief Court lacks jurisdiction, under Northern Areas Local Government Election Rules, 1979 and Code of Civil Procedure, 1908, for transfer of Election petition from one tribunal to any other Tribunal. Muhammad Issa for Petitioner. Amjad Hussain for Respondents. Date of hearing: 30th September, 2006. JUDGMENT SAHIB KHAN, J.--- (i) Manzoor Hussain has challenged the validity of impugned order dated 9-6-2006 passed by learned Election Tribunal Gilgit in Election Petition No.10 of 2004. (ii) The learned Election Tribunal, Gilgit has sent up Election Petition No.10 of 2004 for entrusting it to any other Election Tribunal. 1. I intend to dispose of both the above matters through this single order. 2. In Northern Areas, general elections for Northern…

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