P L D 1975 Karachi 771 (PLP)
MAHMOOD AZAM FAROOQI-Appellant Versus Maulana MUHAMMAD SHAFT OKARVI AND 9 others — Respondents
| Citation | P L D 1975 Karachi 771 (PLP) |
| Forum / Court | |
| Bench Members | Dorab Patel and Jamaluddin H. Ahmad, JJ, |
| Parties | MAHMOOD AZAM FAROOQI-Appellant Versus Maulana MUHAMMAD SHAFT OKARVI AND 9 others — Respondents |
| Primary Law | (a) Privileges of Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) Act (I of 1963), (c) Civil Procedure Code (V of 1908), (b) Obiter dicta |
Q1: What are the key laws and sections cited in P L D 1975 Karachi 771 (PLP)?
This judgment primarily cites: (a) Privileges of Members of National Assembly (Exemption from Preventive Detention and Personal Appearance) Act (I of 1963), (c) Civil Procedure Code (V of 1908), (b) Obiter dicta, (d) National and Provincial Assemblies (Elections) Ordinance (XIII of 1970) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1975 Karachi 771 (PLP)?
The case was heard and decided by the bench comprising: Dorab Patel and Jamaluddin H. Ahmad, JJ,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1975 Karachi 771 (PLP) (MAHMOOD AZAM FAROOQI-Appellant Versus Maulana MUHAMMAD SHAFT OKARVI AND 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khalid M. Ishaq for Appellant.
- M. A. Pesh Imam for Respondent No. 1.
- Z. H. Mirza, A.-G. for Respondent No. 2.
- S. Nasiruddin for Respondents Nos. 3 to 10.
Headnotes / Summary
Ss. 3 & 4-Exemption from attendance before Election Tribunal-Privilege of Member-Session of Assembly means period commencing on day of first meeting and lasting till prorogued or dissolved-Privilege of exemption from attendance - Question not relevant in case of Assembly being adjourned sine die--Appellant Member's counsel undertaking to submit written arguments-Tribunal entitled to assume that he would do so and no intimation to contrary being given, Tribunal examining evidence and giving decision
Decision thus given not without jurisdiction-Even otherwise appellant could not seek benefit of discretionary remedy without showing strong prima facie case. Mian Muhammad Sharif v. Member, Election Commission, Lahore P L D 1968 Lah. 219 ref. -- Court answering first question in negative, and second question not requiring any finding-Observations made on second question-Obiter dicta. -- O. XXXIX, rr. 1 & 4
Interim injunction - No provision to contrary existing in a special enactment-Interim relief could be granted only on settled principles of O. XXXIX. -- S. 67-Declaration of election as void-Could be made inter alia on ground of "failure of any person to comply with the provisions of this Ordinance and the rules"-Finding that candidate "could not suffer for the faults of the election staff"-Held : Contrary to express provisions of section. Section 67 empowers the Election Tribunal to declare the election, as a whole, to be void either by reason of "the prevalence of extensive corrupt
practices at the election", or, on the ground of illegal practices and "the failure of any person to comply with the provisions of this Ordinance and the rules", and the finding of the Tribunal, that a candidate should not suffer "for the faults of the election staff", is contrary to the express provisions of this section.
Judgment & Decree
‑‑ Court answering first question in negative, and second question not requiring any finding‑Observations made on second question‑Obiter dicta. (c) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXIX, rr. 1 & 4
Interim injunction ‑ No provision to contrary existing in a special enactment‑Interim relief could be grant ed only on settled principles of O. XXXIX. (d) National and Provincial Assemblies (Elections) Ordinance (XIII of 1970)‑-- ‑‑ S. 67‑Declaration of election as void‑Could be made inter alia on ground of "failure of any person to comply with the provisions of this Ordinance and the rules"‑Finding that candidate "could not suffer for the faults of the election staff"‑Held : Contrary to express provisions of section. Section 67 empowers the Election Tribunal to declare the election, as a whole, to be void either by reason of "the prevalence of extensive corrupt
practices at the election", or, on the ground of illegal practices and "the failure of any person to comply with the provisions of this Ordinance and the rules", and the finding of the Tribunal, that a candidate should not suffer "for the faults of the election staff", is contrary to the express provisions of this section. Khalid M. Ishaq for Appellant. M. A. Pesh Imam for Respondent No.
1. Z. H. Mirza, A.‑G. for Respondent No.
2. S. Nasiruddin for Respondents Nos. 3 to 10.