1999SCMR1314 (PLP)
Raja ABDUL LATIF — Petitioner Versus RASHID NASIM ABBASI and others — Respondents
| Citation | 1999SCMR1314 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ |
| Parties | Raja ABDUL LATIF — Petitioner Versus RASHID NASIM ABBASI and others — Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979) |
Q1: What are the key laws and sections cited in 1999SCMR1314 (PLP)?
This judgment primarily cites: Punjab Local Government Ordinance (VI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR1314 (PLP)?
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: 1999SCMR1314 (PLP) (Raja ABDUL LATIF — Petitioner Versus RASHID NASIM ABBASI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Illyas Siddiqui, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 8th October, 1998.
Headnotes / Summary
(On appeal from the judgment dated 19-5-1998 of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Writ Petition No.997 of 1998).
Ss. 18 & 24
Inclusion of votes in voters' list
High Court in its order had directed Returning Officer to include votes in the voters' list
Unsuccessful candidate had challenged such direction of High Court' contending that High Court was not justified in issuing direction for inclusion of votes as question whether any vote was improperly excluded, could have been adjudicated upon only by formus, provided under relevant law and not by High Court particularly after election was over
Leave to appeal against order of High Court was granted to consider question as to whether High Court was justified to issue directions to Returning Officer.
Judgment & Decree
AJMAL MIAN, C.J.
This is a petition for leave to appeal against the order, dated 19-5-1998 passed by a Division Bench in Writ Petition No.997 of 1998 filed by respondent No. 1, for seeking direction to the Returning Officer/respondent No.2 to include the votes from serial Nos.933 to 964 (male) and 481 to 605 (female) in new Ward No. 18 and Sub-ward No. 8/3 of Ward No.9 (old), allowing the same. The brief facts are that inter alia the petitioner and respondent No. l contested the election in respect of Ward No. 18 of Rawalpindi Municipal Corporation, Rawalpindi, in 1997. It seems that after the above election, respondent No. l filed the above writ petition, which was allowed by the above order dated 19-5-1998, and in consequence whereof the petitioner lost the election by 11 votes. The petitioner has, therefore, filed the present petition for leave to appeal. In support of the above petition it has been vehemently contended by Mr. Muhammad Ilyas Siddiqui, learned counsel, for the petitioner, that the learned Judges of the Division Bench were not justified in issuing the above direction for inclusion of votes total of which comes to 2364 votes, as the question whether any vote was improperly excluded could have been adjudicated upon only by the forums provided under the relevant law and not by the High Court, particularly after the election was over. We are inclined to grant leave to consider the question as to whether the High Court was justified to issue the above direction in view of the law obtaining at the relevant time. The appeal arising from the above petition may be fixed at an early date. H.B.T./A-131/S Leave granted.