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Petitioner: Haji ARSHAD ALI VS Respondent: SARDAR FAISAL ZAIB and others
Court Name: Supreme Court of Pakistan Judge(s): Nazim Hussain Siddiqui, Munir A. Sheikh Title: Haji ARSHAD ALI vs SARDAR FAISAL ZAIB and others Case No.: Civil Petition for Leave to Appeal No,2155-L of 2001 Date of Judgment:2001-06-27 Reported As: 2003 SCMR 1848 Result: Order accordingly
JUDGMENT
JUDGMENT ' MUNIR A. SHEIKH, J.---The nomination papers of the private respondent for the forthcoming Local Body Elections which are going to be held on 2-7-2001, have been accepted by acceptance of his Constitutional petition by the learned Judge in Chamber of the High Court through the impugned order dated 20-6-2001. 2. The dispute raised by the petitioner is about the age of the respondent and his character. According to him, he had prepared a number of documents in which he has' shown his age on different dates. 3. At this stage, we are not inclined to interfere in the impugned order and to deprive the respondent from contesting the elections. All the questions raised by the petitioner are necessarily questions of facts which can be determined after recording elaborate evidence which cannot be done in these proceedings because they are summary in nature. It will be open to the petitioner to raise these questions in the election petition in case the respondent is elected in the election which question shall be decided by the Election Tribunal after recording evidence uninfluenced by the orders passed in the present proceedings by the Returning Officer and the learned Judge of the High Court. 4. Subject to the above observations, this petition stands disposed of being premature.
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