1987 PLP 3058 (MLD)
Syed INTIZAR HUSSAIN MEHDI — Petitioner Versus RETURNING OFFICER and others — Respondents
| Citation | 1987 PLP 3058 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Fazal-e-Mahmood and Zia Mahmood Mirza, JJ |
| Parties | Syed INTIZAR HUSSAIN MEHDI — Petitioner Versus RETURNING OFFICER and others — Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979) |
Q1: What are the key laws and sections cited in 1987 PLP 3058 (MLD)?
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 1987 PLP 3058 (MLD)?
The case was heard and decided by the Lahore bench comprising: Fazal-e-Mahmood and Zia Mahmood Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3058 (MLD) (Syed INTIZAR HUSSAIN MEHDI — Petitioner Versus RETURNING OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Hussain Kadri for Petitioner.
Headnotes / Summary
S.24--Punjab Local Councils (Election Petitions) Rules, 1979, R.13--Constitution of Pakistan (1973), Art. 199--Illegal and corrupt practice--Allegation levelled by petitioner in constitutional petition were available to him for the purpose of election petition--Petitioner also having adequate alternate remedy provided by Statute which was backed by provisions of S.24 of Ordinance, 1979--Constitutional petition dismissed in limine in circumstances.
Judgment & Decree
S.24--Punjab Local Councils (Election Petitions) Rules, 1979, R.13--Constitution of Pakistan (1973), Art. 199--Illegal and corrupt practice--Allegation levelled by petitioner in constitutional petition were available to him for the purpose of election petition--Petitioner also having adequate alternate remedy provided by Statute which was backed by provisions of S.24 of Ordinance, 1979--Constitutional petition dismissed in limine in circumstances. Shahid Hussain Kadri for Petitioner. The petitioner is a defeated candidate at a local council election. He wants this Court to entertain the petition on the grounds which can precisely form subject-matter of the election petition before the Election Tribunals which have been constituted throughout the province. 2. Learned counsel wishes us to call for a report from the respondents and in case the report contains some concession, to take advantage of the same in his election petition. We are net going to be a party for manufacturing of evidence or procure obliging concessions from the statutory functionaries. 3. It is enough that the petitioner has an adequate alternative remedy provided by the statute which is also backed by the provisions of section 24 of the Punjab Local Government Ordinance, 1979. Section 24 lays down that no election shall be called in question except by way of election petition. There are no exceptional circumstances of this case to warrant a different course. The allegation is primarily of illegal and corrupt practice. Learned counsel does not enter into a; cavil with us on the point that all the allegations levelled by him are available to him for the purpose of election petition. The anxiety the counsel for the petitioner for early disposal of the election petition can well be canvassed before the appropriate tribunal which is otherwise duty bound to decide it expeditiously. 4. In view of what has been stated above, this is not a fit case for interference at the present stage. The writ petition fails and is hereby dismissed in limine subject to observation made above. M. A. K. /1-49/L Petition dismissed.