1998 PLP 328 (SCMR)
MUHAMMAD IFTIKHAR MOHMAND‑‑‑Petitioner Versus JAVED MUHAMMAD and 3 others‑‑‑Respondents
| Citation | 1998 PLP 328 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Muhammad Bashir Jehangir, JJ |
| Parties | MUHAMMAD IFTIKHAR MOHMAND‑‑‑Petitioner Versus JAVED MUHAMMAD and 3 others‑‑‑Respondents |
| Primary Law | Representation of the People Act (LXXXV of 1976)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 328 (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 1998 PLP 328 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Muhammad Bashir Jehangir, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 328 (SCMR) (MUHAMMAD IFTIKHAR MOHMAND‑‑‑Petitioner Versus JAVED MUHAMMAD and 3 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Muhammad Anwar, Advocate Supreme Court for Petitioner.
- Jehanzeb Rahim, Advocate Supreme Court and M.S. Khattak, Advocate‑on‑Record for Respondents.
- Date of hearing: 2nd July, 1997.
- Jehanzeb Rahim, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondents.
Headnotes / Summary
(On appeal from the order of Election Tribunal, Peshawar, dated 12‑5‑1997 passed in Election Petition No.49 of 1997). ‑‑‑‑S. 67(3)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Preliminary objection relating to maintainability of election petition overruled by Election Tribunal‑‑‑Validity‑‑‑Election petition was still pending before Election Tribunal and‑appeal having been provided against final decision of such Tribunal before Supreme Court, petitioner, in the event of final decision going against him, would be entitled to raise all pleas available to him in appeal before Supreme Court including preliminary objection relating to maintainability of Election petition which had been overruled by Tribunal by impugned judgment‑‑‑Leave to appeal was refused in circumstances. Mian. Ejaz Shafi v. Syed Ali Ashraf Shah and 12 others PLD 1994 SC 867 ref.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
The petitioner is seeking leave to appeal against the judgment of learned Election Tribunal, Peshawar, dated 12-5-1997 whereby the learned Tribunal overruled a preliminary objection raised by the petitioner challenging the maintainability of the Election Petition No.49 of 1997 filed by respondent No.1 to challenge election of the petitioner as a Member of Provincial Assembly of North-West Frontier Province, PF-22 Mardan-5 the grant of leave in the above petition is opposed by respondent No. 1, who has filed caveat in the case.
2. The only contention raised by Mr. Qazi Muhammad Anwar, the learned counsel for the petitioner before us, is that as the preliminary objection raised by the petitioner to the maintainability of the election petition has been overruled by the learned Election Tribunal, he will be debarred from raising this objection again in the appeal which may arise from the final decision of the Tribunal on the ground that such objection has become barred by time The learned counsel for the caveator on the other hand, contends that the order passed by the Tribunal being only interlocutory in nature the appeal against such an order of the Tribunal is not maintainable before this Court. The learned counsel in support of the above contention has placed reliance on the case of Mian Ejaz Shafi v. Syed Ali Ashraf Shah and 12 others (PLD 1994 SC 867). '
3. After hearing the learned counsel for the parties, we are of the view that as the main election petition is still pending before the learned Tribunal and an appeal is provided against the final decision of the Tribunal before this Court, the petitioner in the event of the final decision going against him, will be entitled to raise all the pleas available to him, in the appeal before this Court including the preliminary objection as to the maintainability of the petition which has been overruled by the learned Tribunal by the impugned judgment. With these observations, the petition stands disposed of accordingly. A.A./M-52/S Leave refused.