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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Syed ISHFAQ HUSSAIN SHAH and others VS Respondent: DISTRICT JUDGE with the powers of District Returning Officer, Lahore and others
Court Name: Supreme Court of Pakistan Judge(s):Iftikhar Muhammad Chaudhry, Sardar Muhammad Raza Khan, Sayed
Saeed Ashhad Title:Syed ISHFAQ HUSSAIN SHAH and others vs DISTRICT JUDGE with the powers of District Returning Officer, Lahore and others Case No.: Civil Petitions Nos.1588-L and 1589-L of 2005 Date of Judgment:2005-08-16 Reported As: 2008 SCMR 525 Result: Leave granted Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Petitioners have called in question order, dated August 10th, 2005 whereby writ petition filed by Shahid Munir respondent was accepted and they were disqualified to contest the election as one of them i.e, petitioner Ishfaq Hussain Shah was recalled during the last tenure of the Local Councils. 2. After hearing the learned counsel for the parties at length, leave to appeal is granted, inter alia, to examine:- (1) As to whether in pursuance of section 163 of the Punjab Local Government Ordinance, 2001 (before amendment) petitioners are eligible to contest the election because according to learned counsel they are debarred to contest re-election and not General Elections of Local Councils? (2) As to whether despite omitting/repealing the provision of section 163 of the Punjab Local Government Ordinance, 2001, the petitioner shall remain debarred to contest election on account of the effect of repealing? Pending decision of appeal arising out of petition, the petitioners are allowed to contest election. The Returning Officer is directed to complete pre-poll process before the scheduled date of polling so they may participate in the election according to the rules. 3. To be fixed in the month of September, 2005.