1984 PLP 543 (CLC)
MISBAH MUNIR‑Petitioner Versus ELECTION AUTHORITY, PUNJAB, LAHORE AND 12 OTHERS -Respondent
| Citation | 1984 PLP 543 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Abdul Shakurul Salam and Muhammad Aslam Mian, JJ |
| Parties | MISBAH MUNIR‑Petitioner Versus ELECTION AUTHORITY, PUNJAB, LAHORE AND 12 OTHERS -Respondent |
| Primary Law | Punjab Local Government Ordinance (VI of 1979)‑ |
Q1: What are the key laws and sections cited in 1984 PLP 543 (CLC)?
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 1984 PLP 543 (CLC)?
The case was heard and decided by the Lahore bench comprising: Abdul Shakurul Salam and Muhammad Aslam Mian, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 PLP 543 (CLC) (MISBAH MUNIR‑Petitioner Versus ELECTION AUTHORITY, PUNJAB, LAHORE AND 12 OTHERS -Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Javaid Amin Khan Nayar for Appellant.
Headnotes / Summary
‑‑‑ S. 17‑Constitution of Pakistan (1973), Art. 199‑Irregularities found in election at three polling. stations of a unit‑Order of Election Authority to hold election in such three polling station only, held, perfectly well within jurisdiction of Elec tion Authority‑No justification present to disfranchise voters who had rightly cast their votes in other polling stations. ORDER ABDUL SHAKURUL SALAM, J.‑Elections were held for Unit No. 30 of Lahore Municipal Corporation, Lahore. Applications were filed in which the petitioner joined, before the Election Authority under section 17 of the Punjab Local Government Ordinance, 1979 wherein it was mainly alleged that the polling was not correctly held in the polling stations for the female voters. After report and hearing all the parties the learned Election Authority directed as prayed for the holding of fresh election for female voters. This is vide order, dated 5th December, 1983. This is challenged by the petitioner through the aforetitled Constitutional petition.
2. Learned counsel for the petitioner has contended that once the Election Authority had come to the conclusion that the elections were not held in accordance with law, the entire election of the unit should have been set aside and not of polling stations for the female voters alone and fresh election ordered for them.
3. We are afraid that there is no force in this petition for the reasons that if the elections had been held in the other polling stations perfectly in accordance with law and there were only irregularities in the three polling stations for the female voters and fresh elections have been ordered therefor. the learned Election Authority had acted perfectly well within its jurisdiction to pass the impugned order. There was no justification to disfranchise the voters who had rightly cast their votes in the many male polling stations. This petition has no merits and is accordingly, dismissed in limine. M. Z. M. Appeal dismissed.
Judgment & Decree
ABDUL SHAKURUL SALAM, J.‑Elections were held for Unit No. 30 of Lahore Municipal Corporation, Lahore. Applications were filed in which the petitioner joined, before the Election Authority under section 17 of the Punjab Local Government Ordinance, 1979 wherein it was mainly alleged that the polling was not correctly held in the polling stations for the female voters. After report and hearing all the parties the learned Election Authority directed as prayed for the holding of fresh election for female voters. This is vide order, dated 5th December, 1983. This is challenged by the petitioner through the aforetitled Constitutional petition.
2. Learned counsel for the petitioner has contended that once the Election Authority had come to the conclusion that the elections were not held in accordance with law, the entire election of the unit should have been set aside and not of polling stations for the female voters alone and fresh election ordered for them.
3. We are afraid that there is no force in this petition for the reasons that if the elections had been held in the other polling stations perfectly in accordance with law and there were only irregularities in the three polling stations for the female voters and fresh elections have been ordered therefor. the learned Election Authority had acted perfectly well within its jurisdiction to pass the impugned order. There was no justification to disfranchise the voters who had rightly cast their votes in the many male polling stations. This petition has no merits and is accordingly, dismissed in limine. M. Z. M. Appeal dismissed.