Law:

Section:

Senate (Election) Act (LI of 1975)--- ----Ss. 31, 35, 36, 44 & 45---Conduct of General Election Order, 2002, Art.2(d)---Civil Procedure Code (V of 1908), S.10 Election petition---Application for stay of proceedings in election petition---Nomination papers filed by the respondent for one of the two seats of "technocrats" in Senate, had been rejected both by the Returning Officer and Election Commission of Pakistan---High Court, under its constitutional jurisdiction had allowed the respondent to contest election with an order that in case respondent was elected, then the retaining of office of Senator would be subject to the final decision to be given on main petition---Respondent contested election and he was declared as a returned candidate and accordingly was notified by Election Commission---Petitioner who had also contested the said election, but remained unsuccessful, filed election petition under S.31 of Senate (Election) Act, 1975---Respondent/returned candidate filed application under S.45 of Senate (Election) Act, 1975 for stay of proceedings in the election petition filed by unsuccessful candidate, pending final disposal of constitutional petition earlier filed by the respondent---Contention of the respondent was that since his constitutional petition was earlier in time, thus while applying the principles of S.10, C.P.C. proceedings in the petition could be stayed and that under S.45 of Senate (Election) Act, 1975 Election Tribunal had all the powers of a civil court---Validity----Election petition was filed to arrest time, though the actual controversy had to be resolved in the constitutional petition---Held, respondent having been allowed to contest the Senate Election subject to the final decision of the constitutional petition, it would be appropriate and in the interest of justice to stay proceedings in the election petition till the final disposal of constitutional petition---Proceedings in election petition, were stayed, in circumstances. Sardarzada Zafar Abbas and others v. Syed Hassan Murtaza and others PLD 2005 SC 600; Muhammad Azad Gul's case 1997 CLC 1132; and Malik Umer Aslam v. Sumaira Malik and another PLD 2007 SC 362 ref. ORDER…

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