2006 PLP 926(1) (YLR)
Moulvi ABDUL GHAFOOR — Appellant Versus CHIEF ELECTION COMMISSION OF PAKISTAN, ISLAMABAD
| Citation | 2006 PLP 926(1) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Nazir Ahmad Siddiqui and Muhammad Nawaz Bhatti, JJ |
| Parties | Moulvi ABDUL GHAFOOR — Appellant Versus CHIEF ELECTION COMMISSION OF PAKISTAN, ISLAMABAD |
| Primary Law | Punjab Local Government Elections Rules, 2005 |
Q1: What are the key laws and sections cited in 2006 PLP 926(1) (YLR)?
This judgment primarily cites: Punjab Local Government Elections Rules, 2005 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 926(1) (YLR)?
The case was heard and decided by the Lahore bench comprising: Nazir Ahmad Siddiqui and Muhammad Nawaz Bhatti, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 926(1) (YLR) (Moulvi ABDUL GHAFOOR — Appellant Versus CHIEF ELECTION COMMISSION OF PAKISTAN, ISLAMABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik M. Tariq Rajwana for Appellant.
- Mirza Manzoor Ahmad for Respondent No.9.
Headnotes / Summary
R. 71
Constitution of Pakistan (1973), Art.199
Law Reforms Ordinance (XII of 1972), S.3
Challenging success of returned candidate
Intra-Court appeal was directed against judgment of Single Judge of High Court whereby constitutional petition filed by respondent challenging success of appellant in election, was allowed
Appellant was not served with any notice before passing impugned judgment
Impugned judgment, in circumstances was violative of principle of natural justice and had no legal sanctity
Intra-Court appeal was allowed with the result that constitutional petition would be deemed to be pending and same would be put up for disposal before same Single Judge of the High Court. M. R. Khalid Malik, A.A.-G.
Judgment & Decree
This I.C.A. is directed against the judgment dated 25-8-2005 passed by learned Single Judge in Chambers whereby Writ Petition No.5115 of 2005 filed by respondent No.9 challenging the success of the appellant in the recent local bodies election for the seat of Naib Nazim, was allowed.
2. Undeniably, the appellant was not served with any notice before passing the impugned judgment, so, the same being violative of principle of natural justice i.e. audi alteram partem, cannot be blessed with legal sanctity as also held by a Division Bench of this Court in I.C.A. No.175 of 2005 and I.C.A. No.188 of 2005. Hence, this I.C.A. is allowed and the, result would be that Writ Petition No.5115 of 2005 would be deemed to be pending and the same shall be put up for hearing and decision before the same learned single Judge, today as some other connected matters are also fixed today before his Lordship. H.B.T./A-618/L?????????????????????????????????????????????????????????????????????????????????? Order accordingly.