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1999 SCMR 1582

Sheikh QAMARUDDIN vs DISTRICT JUDGE/ELECTION COURT

Citation1999 SCMR 1582
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1701 of 1998
Date1998-10-29
Judge(s)Muhammad Arif, Ajmal Mian, Munawar Ahmed Mirza
ResultLeave refused

ORDER

' AJMAL MIAN, C.J.---This petition for leave to appeal is directed against Order dated 14-10-1998 passed by learned Single Judge of the Lahore High Court, Multan Bench, Multan, in Writ Petition No,6088 of 1998 filed by. The present petitioner against the order dated 4-6-1998 of the Election Tribunal overruling the petitioner's objections to the election petition filed by the respondent to the effect that since the result was not notified and gazetted by that time the election petition was filed and the same was not competent, dismissing the same in limine. The petitioner has, therefore, filed present petition for leave to appeal.

2. It seems that the respondent filed above election petition on 25-5-1998 whereas the election in question, in which the petitioner was declared successful, was not notified and gazetted.

Technically petitioner may be right but since the election result has already been gazetted, the petition though filed before Gazette notification can be proceeded with. In our view it is not a fit case for grant of leave. Leave is accordingly refused.

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