Election Commission of Pakistan

P L D 1991 Journal 110 P L D 1991 Journal 110 [Election Commission of Pakistan] Before Justice Naimuddin, Chief Election Commissioner of Pakistan Mir MOHABAT KHAN‑‑Applicant versus Mir HUMAYUN KHAN and others‑‑Respondents Election Petition, decided on 15th June, 1991. Representation of the People Act (LXXXV of 1976)‑‑ ‑‑‑‑S. 58‑‑‑Application for transfer of election petition‑‑‑Election petition was pending before the Tribunal headed by Judge of the High Court who had, as Advocate‑General, appeared before the High Court in a petition filed by the applicant challenging the order of Returning Officer rejecting his nomination papers and had supported such order‑‑‑Chief Election Commissioner in the interest of justice and to obviate all apprehensions on the part of applicant transferred the petition to the other Tribunal. Faiz Issa for Applicant. Nemo for Respondents. ORDER This is an application under section 58 of the Representation of the People Act, 1976 for transfer of the election petition filed by the applicant which is pending trial before the Tribunal headed by Mr. Justice Iftikhar Muhammad Chaudhry, Judge of the Baluchistan High Court. 2. The only ground urged in support of the application is that the Nomination Papers of the applicant were rejected by the Returning Officer during scrutiny. Against the order of `the rejection of the Nomination Papers the applicant filed a petition before the High Court of Balochistan in which Mr. Justice Muhammad Iftikhar Chaudhry then Advocate‑General of Balochistan appeared as such and supported the order of the Returning Officer rejecting the Nomination Papers of the applicant. The order of the Returning Officer was set aside by the learned High Court and the Nomination Papers of the applicant were declared valid. 3. Notice of this application was issued to the parties twice, first on 13th May, 1991 and the second on 27th May, 1991. The last notice was for hearing of the transfer application on 15th June, 1991 at Karachi. Accordingly, Mr. Faiz Issa appeared on behalf of the applicant. Nobody appeared on behalf of the respondents nor any objections were filed to the transfer application. It seems that the respondents have no objection to the transfer of the petition to another Tribunal. Even otherwise, in the interest of justice and to obviate all apprehensions on the part of applicant, I deem it just and proper to order its transfer to another Tribunal. 4. The only other Tribunal presently functioning in Balochistan is headed by the Acting Chief Justice, namely, Mr. Justice Munawar Ahmed Mirza. The election petition is, therefore, transferred to the Tribunal headed by Mr. Justice Munawar Ahmad Mirza. M.BA./61/E Transfer ordered.