| Citation(s) |
|---|
| 2009 SLG 264 2009 SLD 264 2009 SCMR 727 |
Supreme Court of Pakistan
C.M.As. Nos.956 and 957 of 2009 in C.R.P. Nos.61 and 62 of 2009 in Civil Petitions Nos.878 and 905 of 2008, decision dated: 31st March, 2009.(On review from the judgment of this Court, dated 25-2-2009 passed in C.Ps. Nos.878 and 905 of 2008)
TASSADUQ HUSSAIN, JILLANI, NASIR-UL-MULK, MUHAMMAD MOOSA K. LEGHARI, SHEIKH HAKIM ALI AND SABIHUDDIN AHMED, JJ
Khawaja Haris Ahmed, Advocate Supreme Court for Applicant/Petitioner. Sardar Muhammad Latif Khan Khosa, Attorney-General for Pakistan on Court call. Agha Tariq Mehmood, D.A.G., Muhammad Abdul Rafiq, Returning Officer, PP-48, Bhakkar-II along with Ejaz Hus
C.M.As. Nos.956 and 957 of 2009 in C.R.P. Nos.61 and 62 of 2009 in Civil Petitions Nos.878 and 905 of 2008, decision dated: 31st March, 2009.(On review from the judgment of this Court, dated 25-2-2009 passed in C.Ps. Nos.878 and 905 of 2008)
TASSADUQ HUSSAIN, JILLANI, NASIR-UL-MULK, MUHAMMAD MOOSA K. LEGHARI, SHEIKH HAKIM ALI AND SABIHUDDIN AHMED, JJ
Khawaja Haris Ahmed, Advocate Supreme Court for Applicant/Petitioner. Sardar Muhammad Latif Khan Khosa, Attorney-General for Pakistan on Court call. Agha Tariq Mehmood, D.A.G., Muhammad Abdul Rafiq, Returning Officer, PP-48, Bhakkar-II along with Ejaz Hus
Mian MUHAMMAD SHAHBAZ SHARIF--Applicant/
VS
FEDERATION OF PAKISTAN and others
Law: Constitution of Pakistan, 1973
Section: 188
Law: Representation of the People Act, 1976
Section: 14(6)
Law: Supreme Court Rules, 1980
Section: O.XXVI,R.8
Constitution of Pakistan (1973)--- ----Art. 188---Supreme Court Rules, 1980, O.XXVI, R.8---Representation of the People Act (LXXXV of 1976), S.14(6)---Review of Supreme Court ---Application for grant of interim relief---Petitioner was proceeded ex parte; although the petitioner did not appear pursuant to the notice issued, Supreme Court may have converted the petition for leave to appeal into appeal and should have issued fresh notice for full hearing of the same; interpretation accorded to S.14(6) of the Representation of the People Act, 1976 was not only being challenged by the petitioner but also by the Federal Government; although the High Court, despite reversing the order of the Returning Officer, had allowed the petitioner to continue functioning as Chief Minister, but the under review non-seated him from the said office and new circumstance i.e. that the Governor's Rule had been lifted and session of the Provincial Assembly scheduled for the next day was likely to elect a new Chief Minister which could change the complexion of the present case---Supreme Court could not remain oblivious of the likely inconvenience and irreparable loss which might accrue to the petitioner in case of refusal of the interim relief which apprehension had not been disputed even by the Attorney General---Such elements of the under review were considered sufficient by Supreme Court to constitute prima facie case---Supreme Court, while allowing the application directed that till the final disposal of the main petition, operation of the under review shall remain suspended and the petitioner shall resume the office of the Chief Minister with immediate effect. ORDER TASSADUQ HUSSAIN JILLANI, J.--- In terms of the judgment under review dated 25-2-2009 (in C.P. 905 of 2008) passed by this Court, petitioner, Mian Muhammad Shahbaz Sharif, was declared disqualified to be a Member of the Provincial Assembly and thus, ceased to hold office of the Chief Minister, Punjab. The petitioner filed Civil Review Petition No.62 of 2009 in which after preliminary hearing, notice was issued to the respondents on 30-3-2009. This Court while issuing notice to the respondents was not persuaded to allow…
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