1. SYED SHABBAR RAZA RIZVI, J.--- Writ Petition No. 14439 of 2005 titled as Muhammad Aslam v. Mr. Gondal, Senior Civil Judge/Returning Officer was filed in this Court which was dismissed in limine by my learned brother Hamid Ali Shah, J. On 8-8-2005. The said writ petition was filed by Mansoor Sarwar Khan, Barrister at Law and Ch. Younas Sulehria, Advocate. Another Writ Petition No. 14478 of 2005 titled Mansoor Sarwar Khan, Barrister at Law v. Mr. Rauf, District and Sessions Judge, etc. Was filed which came up for hearing before me. It may be pointed out at the very outset, that Mansoor Sarwar Khan, Barrister at Law is contesting election from the same Union Council on the seat of Nazim, from where Muhammad Aslam is contesting election on the seat of Naib Nazim. Both are contesting on one panel. Mansoor Sarwar Khan, Barrister at Law, appeared as a counsel in the Writ Petition No. 14439 of 2005, whereas, in the subsequent Writ Petition No. 14478 of 2005, he himself became a petitioner, therefore, he fully knew that the first writ petition was dismissed. Both writ petitions were filed to challenge the qualification of the same person, petitioner in this review, viz. Hafiz Muhammad Akram.
2. Writ Petition No. 14478 of 2005 was allowed in view of judgment of the Honourable Supreme Court passed in Civil Miscellaneous Application No.1157/L of 2005 in Civil Petition No. 1528/L of 2005, Mehmood Ahmed Butt and others v. R.O. However, any order obtained fraudulently is not a legal order. Moreover, the jurisdiction under Article 199 of the Constitution is conferred upon the High Court as a discretionary jurisdiction, the purpose of this jurisdiction is to foster justice and right a wrong. The purpose is not to encourage or aid injustice, or to overlook and ignore fraud and cheating. The superior Courts of Pakistan have expressed themselves sufficiently in several cases on this point. For reference, a few may be cited, as PLD 1989 SC 166, PLD 1973 SC 236, 1981 SCM R 231; PLD 1997 SC 351 and PLD 2001 SC 415.