AYEZUDDIN AHVAD vs THE CONTROLLING AUTHORITY AND SUB DIVISIONAL — 1971 SCMR 16

Citation: 1971 SCMR 16

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: AYEZUDDIN AHVAD vs THE CONTROLLING AUTHORITY AND SUB DIVISIONAL JUDGMENT

Headnotes

Case cited as 1971 SCMR 16

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title:AYEZUDDIN AHVAD vs THE CONTROLLING AUTHORITY AND SUB DIVISIONAL JUDGMENT Reported As: 1971 SCMR 16 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from a judgment and order of a Division Bench of the High Court of East Pakistan dismissing a petition under Article 95 of the late Constitution filed by the petitioner, Chair--man of the Nimagachi Union Council, to challenge the validity of a resolution of no confidence passed against him on the 25th of July 1969. A number of points were argued before the High Court in support of this petition but none of them found favour with the High Court. The learned Advocate now appearing for the petitioner, how--ever, wishes to raise a new point which does not appear to have been noticed by the High Court. This point was taken in one of the grounds in the writ petition but it is not known if the same was urged before the High Court. In the petition for special leave to appeal also there is no averment that the point was urged but was not noticed by the High Court. In the absence of any such averment we can only proceed on the basis that it was not urged in the High Court and should not as such be allowed to be raised for the first time in this Court. Be that as it may, the point is that since tinder subsection (3) of section 53 of the Electoral College Act it is provided that a member…

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