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Petitioner: ILLAHI BAKHSH SAMR00 And Others VS Respondent: REGISTRAR, SOCIETIES And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi, Abdul Qadir Sheikh Title: ILLAHI BAKHSH SAMR00 And Others vs REGISTRAR, SOCIETIES And Other Case No.: Petition for Special Leave to Appeal No. 366-K of 1984 Date of Judgment:1985-09-26 Reported As: 1985 SCMR 130 Result: Leave granted
Judgment ORDER ABDUL QADIR SHAIKH, J.--This petition relates to election to the post of President of respondent No. 2 Institution. Among three candidates who filed nomination papers, one withdrew his candidature, first petitioner's nomination paper was rejected on the ground that his consent was received one day late and respondent No. 3 was declared as elected unopposed. Petitioners challenged the result of the election in a Constitution petition in Sind High Court but it was dismissed on the ground of lack of territorial jurisdiction. Mr. N.A. Faruqui learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court, inter alia, submits that the High Court has failed to notice that constitution petition filed by petitioners was virtually in the nature of a writ o quo warranto, and it could not, therefore, be dismissed for want of territorial jurisdiction. This plea amongst others deserves consideration. Leave is granted. Security Rs. 1,000. The appeal will be heard on the present record at an early date, but it is open to the parties to file additional documents, if any. Interim order passed by this Court on 17-7-1984 shall continue till appeal is decided.