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Petitioner: NASIR ALI VS Respondent: MUHAMMAD TUFAIL And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Syed Usman Ali Shah Title: NASIR ALI vs MUHAMMAD TUFAIL And Other Case No.: Civil Petition No. 1173 of 1989 W.P. No. 6255 of 1989 Date of Judgment:1990-01-24 Reported As: 1991 SCMR 782 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.---The question whether in the facts and circumstances of this case the Punjab Local Council Election Authority had the jurisdiction to entertain and decide this case under section 17(1) of the Punjab Local Government Ordinance, 1979, as has been held by the Chairman of the Punjab Local Council Election Authority (Mehboob Ahmed, J.) or whether it fell within the ambit of subsection (2) of section 17 of the Punjab Local Government Ordinance, 1979, as held by the Division Bench of the High Court is a matter of considerable delicacy. The judgments of this Court relied upon in support of the view taken by the learned Chairman of the Punjab Local Council Election Authority have been found to be distinguishable by the learned Division Bench of the High Court while according to the petitioners their ratio was fully applicable. Security Rs. 5,000. The appeal shall be made ready on the present record with liberty to the parties to add further documents if any and placed for hearing within two months, if possible. Meanwhile, the interim order dated 13-11-1989 will continue in operation.