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1994 MLD 911

KHALID RAFI MALIK vs ELECTION TRIBUNAL and others

Citation1994 MLD 911
CourtLahore High Court
Case No.Writ Petition No, 6519 of 1992
Date1992-10-12
Judge(s)Malik Muhammad Qayyum
ResultPetition allowed

' This judgment shall dispose of Writ Petition Nos. 6725/92, 6726/92 and 6519/92, in which same questions of law and facts arise.

2. The election petitions filed by the petitioners in all these cases have been dismissed by the Election Tribunal, on the ground that the same was filed before the result of election was duly published in the official Gazette and as such the election petition was not competent, in view of rule 3 of the Punjab Local Council (Election Petitions) Rules, 1979.

' The learned counsel for the petitioners, in support of these petitions, has contended that by the time the election petitions were dismissed, the results stood duly notified and as such the defect, if any in filing the election petitions stood cured. Reliance has been placed on Muhammad Jamshed Ali and others v. Ghulam Mustafa and others 1983 CLC 209, Malik Ghulam Abbas v. Malik Muhammad Mumtaz Khan and 2 others PLD 1980 Lah. 718 and Muhammad Saeed Khan v. Election Tribunal and 11 others 1986 CLC 753 and an unreported judgment of a Division Bench of this Court' in Lal Khan v. Election Tribunal (Writ Petition No, 4105 of 1992: 1992 CLC 2175).

3. Mr. Mohy-ud-Din Qazi, learned counsel for the contesting respondents, however, attempted to support the impugned order.

4.. The cases cited by learned counsel for the petitioner in support of this contentions take the view that if by the time, an Election Petition is decided, the result has been published in the official Gazette, election petition, even if it is premature, at the time of its institution, matures and cannot be dismissed on that account. Nothing has been argued which could persuade me to hold a different view.

' As a result, all these petitions are allowed and the impugned orders are declared to be without lawful authority and of no legal effect. The election petitions filed by the petitioners, shall be deemed to be pending before the Election Tribunal, who shall proceed to decide the same afresh in accordance with law.

' No orders as to costs.

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