2010 PLP 1091 (CLC)
Engr. GHULAM MUSTAFA QAZI — Petitioner Versus SECRETARY INDUSTRIES, PUNJAB, LAHORE and 3 others — Respondents
| Citation | 2010 PLP 1091 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Engr. GHULAM MUSTAFA QAZI — Petitioner Versus SECRETARY INDUSTRIES, PUNJAB, LAHORE and 3 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2010 PLP 1091 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1091 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1091 (CLC) (Engr. GHULAM MUSTAFA QAZI — Petitioner Versus SECRETARY INDUSTRIES, PUNJAB, LAHORE and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imran Aziz Khan for Petitioner.
- Muhammad Akram Khawaja for Respondent No.4.
Headnotes / Summary
O. XXXIX, Rr.1, 2 & 4
Application for setting aside restraining order
Applicant who claimed to have won the election by a considerable margin had alleged that by virtue of the restraining order passed by the court, applicant's result was not being announced and consequently he could not perform function for the office to which he was elected
No live issue was pending before the court; and it would not serve any useful purpose to restrain the applicant from performing his function
Restraining order, was recalled, in circumstances.
Judgment & Decree
IJAZ-UL-AHSAN, J.
Vide order dated 20-11-2009 it was ordered that the election for the different office bearers of the Institute of Engineers Pakistan may be held, however, the final result for the seat for which respondent No.4 was the contesting candidate, shall not be announced.
2. It has been reported that the elections were held and neither the petitioner nor respondent No.4 could win the election for the seat of Chairman, Lahore Centre. According to the unofficial result, the applicant in C.M.259-C of 2010, namely, Mr. Javed Younis Uppal, has won the election for the seat of Chairman IEB, Lahore Centre by securing more than 410 as compared to that of the petitioner who has secured 60 votes while respondent No. 4 about 120 votes.
3. The learned counsel for the applicant submits that even if the votes of the petitioner and respondent No. 4 are combined, the applicant has still won the election by a considerable margin. He submits that by virtue of the restraining order passed by this Court, the applicant's result is not being announced and consequently he cannot perform functions for the office to which he has been elected. In the peculiar circumstances of this case, it appears that there is no live issue pending before this Court and it would not serve any useful purpose to restrain the applicant from performing his function as the Chairman of Institute of Engineer Pakistan, Lahore Centre. In this view of the matter this application is allowed. The restraining order is recalled. MAIN CASE In view of my finding that no live issue remains, the main revision petition is also disposed of. H.B.T./G-28/L Application allowed.