1999 PLP 1582 (SCMR)
Sheikh OAMAR-UD-DIN — Petitioner Versus DISTRICT JUDGE/ELECTION COURT — Respondent
| Citation | 1999 PLP 1582 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ |
| Parties | Sheikh OAMAR-UD-DIN — Petitioner Versus DISTRICT JUDGE/ELECTION COURT — Respondent |
| Primary Law | Punjab Local Councils (Election Petitions) Rules, 1979 |
Q1: What are the key laws and sections cited in 1999 PLP 1582 (SCMR)?
This judgment primarily cites: Punjab Local Councils (Election Petitions) Rules, 1979 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1582 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1582 (SCMR) (Sheikh OAMAR-UD-DIN — Petitioner Versus DISTRICT JUDGE/ELECTION COURT — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Khalil-ur-Rehman, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record (absent) for Petitioner.
- Nemo for Respondent
- Date of hearing: 29th October, 1998
Headnotes / Summary
(On appeal from the order dated 14-10-1998 passed by the Lahore High Court, Multan Bench, Multan, in Writ Petition No.6088).
R.3
Returned candidate had challenged competency of election petition filed by opposing candidate on ground that same was filed at time when election in which he was declared successful was not notified and gazetted
Technically returned candidate could be right, but since election result had already been gazetted, election petition though filed before notification, could be proceeded with.
Judgment & Decree
AJMAL MIAN, C.J.
This petition for leave to appeal is directed against Order dated 14-10-1998 passed by learned Single Judge of the Lahore High Court, Multan Bench, Multan, in Writ Petition No.6088 of 1998 filed by the present petitioner against the order dated 4-6-1998 of the Election Tribunal overruling the petitioner's objections to the election petition filed by the respondent to the effect that since the result was not notified and gazetted, by that time the election petition was filed and the same was not competent, dismissing the same in limine. The petitioner has, therefore, filed present petition for leave to appeal.
2. It seems that the respondent filed above election petition on 25-5-1998 whereas the election in question, in which the petitioner was declared successful, was not notified and gazetted. Technically petitioner may be right but since the election result has already been gazetted, the petition though filed before Gazette notification can be proceeded with. In our view it is not a fit case for grant of leave. Leave is accordingly refused. H.B.T./Q-6/S Leave refused.