1994 PLP 2000 (SCMR)
MUHAMMAD ISHAQ DAR‑‑‑Petitioner Versus SHAHID NABI MALIK and another‑‑‑Respondents
| Citation | 1994 PLP 2000 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Muhammad Rafiq |
| Parties | MUHAMMAD ISHAQ DAR‑‑‑Petitioner Versus SHAHID NABI MALIK and another‑‑‑Respondents |
| Primary Law | Representation of the People Act (LXXXV of 1976)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 2000 (SCMR)?
This judgment primarily cites: Representation of the People Act (LXXXV of 1976)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 2000 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Muhammad Rafiq.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 2000 (SCMR) (MUHAMMAD ISHAQ DAR‑‑‑Petitioner Versus SHAHID NABI MALIK and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Sheikh, Advocate Supreme Court instructed by Ijaz Ahmad Khan Advocate‑on‑Record for Petitioner.
- Raja Muhammad Anwar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Respondents.
- Date of hearing: 7th December, 1993.
- Raja Muhammad Anwar, learned counsel for respondent No. 1, has been heard at length.
Headnotes / Summary
(On appeal from the judgment dated 30‑11‑1993 of the Lahore High Court in Writ Petition No.16274/1993). ‑‑‑‑S. 42‑‑‑Constitution of Pakistan (1973), Art. 185‑‑‑Declaration/notification/announcement of the result of bye‑election for National Assembly Seat‑‑‑High Court directed Election Commission that the result of bye‑election for National Assembly seat in question, should not be announced/declared/notified until the final decision of Constitutional petition‑‑‑Validity‑‑‑Supreme Court converted petition for leave to appeal into appeal and allowed same in terms that the direction issued by High Court would be substituted with direction that the result of said election would be announced and notified by Election Authorities and candidate declared elected would be allowed, to take his seat in the National Assembly, subject to the final decision of the Constitutional petition filed in the High Court.
Judgment & Decree
‑‑‑‑S. 42‑‑‑Constitution of Pakistan (1973), Art. 185‑‑‑Declaration/notification/announcement of the result of bye‑election for National Assembly Seat‑‑‑High Court directed Election Commission that the result of bye‑election for National Assembly seat in question, should not be announced/declared/notified until the final decision of Constitutional petition‑‑‑Validity‑‑‑Supreme Court converted petition for leave to appeal into appeal and allowed same in terms that the direction issued by High Court would be substituted with direction that the result of said election would be announced and notified by Election Authorities and candidate declared elected would be allowed, to take his seat in the National Assembly, subject to the final decision of the Constitutional petition filed in the High Court. Muhammad Akram Sheikh, Advocate Supreme Court instructed by Ijaz Ahmad Khan Advocate‑on‑Record for Petitioner. Raja Muhammad Anwar, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate‑on‑Record for Respondents. Date of hearing: 7th December, 1993. This order shall be read in continuation of our earlier order dated 6‑12‑1993. Raja Muhammad Anwar, learned counsel for respondent No. 1, has been heard at length. Mr. Muhammad Akram Sheikh, learned counsel for the petitioner, has also been heard‑in reply. After hearing learned counsel for both the parties and for reasons to be recorded later, this petition is converted into an appeal and allowed in terms that the direction issued by the High Court, in its impugned order, that "the result of the bye‑election for National Assembly seat from Constituency No.NA.95‑Lahore‑IV shall not be announced/declared/notified until the final decision of the writ petition" shall be substituted with the direction that the result of the said election shall be announced and notified by the election authorities and the candidate declared elected shall be allowed to take his seat in the National Assembly, subject to the final decision of the writ petition filed in the High Court. A.A./M‑1947/S Order accordingly.