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Petitioner: ZAHIR SHAH VS Respondent: NAZIR AHMAD And 5 Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Syed Usman Ali Shah Title: ZAHIR SHAH vs NAZIR AHMAD And 5 Other Case No.:Civil Petition for Special Leave to Appeal No.138-F of 1989 Writ Petition
No.284 of 1988 Date of Judgment:1990-01-13 Reported As: 1991 SCMR 1810 Result: Leave granted Judgment ORDER S. USMAN ALI SHAH, J.--- This is a petition for leave to appeal filed by Zahir Shah petitioner against the judgment of the Peshawar High Court dated 23-4-1989 whereby writ petition against the order of the Election Tribunal Malakand Division dated 18-6-1988, filed by Nazir Ahmad respondent No.1 was accepted. The brief facts are that on 30-12-1987 election of Ward No.12 Swat for District Council seat was contested amongst the petitioner and Nazir Ahmad, Inayat Khan and Hukmat Khan respondents. As a result the petitioner was declared as returned candidate. Nazir Ahmad respondent No.1 challenged the election of the petitioner before the Election Tribunal respondent No.2 which was accepted by the petitioner and he submitted his written statement. The learned Election Tribunal framed different issues on the pleadings of the parties and thereafter recording the evidence, dismissed the election petition vide order, dated 18-6-1988. Being aggrieved by the decision of the learned Tribunal the respondent No.1 filed Constitutional petition in the Peshawar High Court which was accepted and the case was remanded to the Election Tribunal for fresh decision in accordance with law. The question for consideration in this petition is whether or not any prejudice was caused to the petitioner by the learned High Court while exercising its Constitutional jurisdiction by remanding the case to the Election Tribunal for fresh decision. Leave to appeal is granted. Interim order will continue. Security for costs in the sum of Rs.5,000.
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Appeal is to be made ready on the present record for an early hearing. However, the parties are allowed to file additional documents, if any.