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Procedural or directory requirement

Procedural or directory requirement legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2014 CLC 335 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Ss. 10, 11, 12, 13, 16, 18(12) & (14) & 33Sindh Local Government (Third Amendment) Ordinance (XV of 2013), Ss.3, 4 & 8Sindh Local Councils (Election) Rules, 2013, Rr.8, 9 & 10Delimitation of Constituencies Act (XXXIV of 1974), Ss.3, 9, 10 & 10AConstitution of Pakistan, Art.199Constitutional petitionDelimitation of electoral units for Local Government electionsProcedural or directory requirementSubstantial compliance as opposed to strict complianceScope

Government of Sindh ("Provincial Government") carried out the delimitation process after making amendments in the Sindh Local Government Act, 2013 through Sindh Local Government (Third Amendment) Ordinance, 2013

Plea on behalf of Provincial Government that there might be certain difficulties or deficiencies in the amendments but if such difficulties did not materially affect the election process and in case procedural and directory requirements were substantially complied with, then violation of law, if any, might be ignored as the date of Local Government elections was fast approaching

Validity

Lapses in the delimitation process and the effect of Sindh Local Government (Third Amendment) Ordinance, 2013 had far reaching adversative effects which could not be considered mere directory, thus the question of substantial compliance, either partial or impartial did not arise when the amendments were ab initio void and/or in derogation of the law and the constitutional mandate

Amendments made in the Sindh Local Government Act, 2013 through Sindh Local Government (Third Amendment) Ordinance, 2013 were struck down consequently

Constitutional petition was allowed accordingly.

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Precedents & Case Laws citing "Procedural or directory requirement"

CLC 1992
Election Petition No.32 of 1990, decided on 19th November, 1991.

1992 C L C 1437

SARDAR AKHTAR ALI ‑‑‑Petitioner Versus WASIM AHMED ‑‑‑Respondent

Court: Election Tribunal Sindh
CLC 2006
N/A

2006 C L C 566

MUHAMMAD ALI — Petitioner Versus ADDITIONAL DISTRICT JUDGE, JARANWALA and 2 others — Respondents

Court: Lahore
PLD 1963
Second Appeal No. 367 of 1959, decided on 17th August 1961

P L D 1963 Dacca 318

MAFIZULLAH — ‑Appellant Versus MANAI ULLAH AND OTHERS — ‑Respondents

Court: (a) Sylhet Tenancy Act (XI of 1936), S. 65 (d) and Sylhet Tenancy Rules, r. 2‑Holding over as under‑raiyats after expiry of written lease covered by S. 65 (2)‑Ejectment notice terminating tenancy turns occupants into trespassers‑Service of notice under r. 2 by post‑Provisions being directory, service is valid and sufficient. Tara Das Mulakar v. Ram Doyal 2 C W N 125 distinguished.
PLD 2020
2019-February-7

P L D 2020 Lahore 87

MUHAMMAD ASGHAR and 3 others — Petitioners Versus STATION HOUSE OFFICER and 2 others — Respondents

Court: High Court
CLC 1987
Miscellaneous Application No.2 of 1986, decided on 7th September, 1986.

1987 C L C 726

Haji ABDUL JABBAR and others‑‑Petitioners Versus HARYANA ASBESTOS CEMENT

Court: Quetta
PTD 2019
N/A

2019 P T D 1890

Messrs STRONGMAN IDEAL FURNITURE Versus The CHIEF COMMISSIONER INLAND REVENUE and others

Court: Lahore High Court
CLC 2007
2006-November-23

2007 C L C 281

Mst. KOUSAR BEGUM and another — Appellants Versus MATLOOB HUSSAIN SHAH and 2 others — Respondents

Court: Shariat Court (AJ&K)
CLC 1990
Writ Petition No. 3218 of 1990, decided on 16th May, 1990.

1990 C L C 1587

NAWAB‑‑‑Petitioner Versus ADDITIONAL COMMISSIONER (R), LAHORE DIVISION,

Court: Lahore
CLC 1997
Election Petition No. 1 of 1997, decided on 23rd June, 1997.

1997 C L C 1724

Syed IFTIKHAR HUSSAIN GILANI‑‑‑Petitioner Versus ANWAR KAMAL KHAN and 3 others‑‑‑Respondents

Court: Election Tribunal, N‑W.F.P.
MLD 1990
Criminal Revision No. 71 of 1989, heard on 16th April, 1990.

1990 M L D 2084

NAZIR AHMAD and others‑‑Applicants Versus THE STATE‑‑Respondent

Court: Karachi