Pakistan Case Lawโ† Search
1985 MLD 87

MUHAMMAD ILYAS vs ELECTION TRIBUNAL and others

Citation1985 MLD 87
CourtLahore High Court
Case No.Writ Petitions Nos. 404, 406 and 407 of 1984
Date1985-05-12
Judge(s)Muhammad Zafarullah, Fazal-e-Mahmood
ResultWrit allowed

' MUHAMMAD ZAFARULLAH, J.--This judgment will dispose of following writ petitions as common questions of law and facts are involved:-

(1) W.P. No,404 of 1984.

(2) W.P. No,406 of 1984.

(3) W.P. No,407 of 1984.

2. The petitioners challenged the elections to the Local Councils in three different election petitions but the petitions were dismissed by the learned Election Tribunal Sialkot vide his order dated 12-12- 1983 on the ground that he had no jurisdiction to go into the allegations covered by section 21-A of the Punjab Local Government Ordinance, 1979. The learned counsel appearing on behalf of the petitioners agrees that the Tribunal did not have the jurisdiction to inquire into the allegations covered by section 21-A but it is contended that the Election Tribunal was under a legal obligation to dispose of the allegations in the nature of corrupt and illegal practice covered by section 24 of the Punjab Local Government Ordinance, 1979, made by the petitioners in the election petitions. The learned counsel for the respondents, however, argues that the allegations covered by section 24 are vague and the three election petitions were liable to be dismissed on this ground. We need not go into this question as it is a matter to be decided by the Election Tribunal. Suffice it to say that the Election Tribunal has to go in the questions of allegations covered by section 24 made by the petitioners, The writ petition is, therefore, allowed. The matter is remanded to the Election Tribunal to decide afresh the election petitions in accordance with law. There shall be no order as to costs as the respondent does not contest this proposition.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch