Ch. GHULAM RASUL TARRAR vs ELECTION TRIBUNAL 1 — 1970 PLD 425

Citation: 1970 PLD 425

Court: Lahore High Court

Year: 1969

Decision Date: 1969-04-16

Parties: Ch. GHULAM RASUL TARRAR vs ELECTION TRIBUNAL 1, WEST PAKISTAN, LAHORE AND ANOTHER

Headnotes

Judgment ORDER ANWAAUL HAQ, J.-By means of this petition under Article 98 of the Constitution the petitioner Ch. Ghulam Rasul Tarar seeks to challenge the correctness and legality of an order made by the Election Tribunal on the 28th of March 1969, holding that the recriminatory petition filed by the petitioner under section 70 of the National and Provincial Assemblies (Election) Act, 1964, cannot proceed in view of the promul--gation of Martial Law on the 25th of March 1969, and the consequent dissolution of the National and the Provincial Assemblies in Pakistan.

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Shafi-ur-Rehman Title:Ch. GHULAM RASUL TARRAR vs ELECTION TRIBUNAL 1, WEST PAKISTAN, LAHORE AND ANOTHER Case No.: Writ Petition No. 446 of 1969 Date of Judgment:1969-04-16 Reported As: PLD 1970 Lahore 425 Result: E. Judgment ORDER ANWAAUL HAQ, J.-By means of this petition under Article 98 of the Constitution the petitioner Ch. Ghulam Rasul Tarar seeks to challenge the correctness and legality of an order made by the Election Tribunal on the 28th of March 1969, holding that the recriminatory petition filed by the petitioner under section 70 of the National and Provincial Assemblies (Election) Act, 1964, cannot proceed in view of the promul--gation of Martial Law on the 25th of March 1969, and the consequent dissolution of the National and the Provincial Assemblies in Pakistan. By the same order the Tribunal has further held that the election petition filed by the respondents Ch. Zahur Elahi and others to challenge the election of the petitioner to the National Assembly from a constituency in the Gujrat District could proceed even in the changed circumstances. The proceedings in the election petition had been going on for a long time and it was only on the 15th of March 196', that an order was made by the Election Tribunal for the recording of evidence in the recriminatory petition filed by the petitioner. It is stated that he had cited 381 witnesses in this behalf out of whom 186 had been examined when the new…

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