Sh. MOHAMMAD HUSSAIN vs Malik KARAM DAD KHAN, CONTROLLING — 1963 PLD 623

Citation: 1963 PLD 623

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Sh. MOHAMMAD HUSSAIN vs Malik KARAM DAD KHAN, CONTROLLING JUDGMENT

Headnotes

Case cited as PLD 1963 SC 623

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title:Sh. MOHAMMAD HUSSAIN vs Malik KARAM DAD KHAN, CONTROLLING JUDGMENT Reported As: 1971 SCMR 535 Result: Appeal dismissed Judgment JUDGMENT. SALAHUDDIN AHMED, J.-In this appeal by special leave the appellant has challenged the legality of the election of respondent No. 3, Sh. Mohammad Aslam, as Chairman of a Union Committee. It appears that the appellant and the said respondent were contestants for the office of the aforesaid Chairman. In the connected election proceedings the respondent was seconded by one Mohammad Hanif whose election as a Member of the said Union had been declared to be without lawful authority by the High Court on a writ petition moved by one Sheikh Qamarud Din. The High Court had also directed to hold a fresh election for electing a Member of the Union in the resultant vacancy. This order of the High Court was passed on the 17th of January 1966, and the impugned election of the Chairman took place on the next day, i.e., the 18th January 1966. It has been stated that although the learned Advocate appear--ing on behalf of Sheikh Qamarud Din had sent a telegraphic communication to respondent No. 1 the Controlling Authority, intimating the aforesaid High Court's order and in spite of the fact that the said order of the High Court was brought to the notice of the Presiding Officer of the Election Proceedings through affidavits filed by the appellant…

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