MUZAFFAR KHAN vs CHANNA N KHAN AND 2 Other — 1970 SCMR 137

Citation: 1970 SCMR 137

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-13

Parties: MUZAFFAR KHAN vs CHANNA N KHAN AND 2 Other

Headnotes

Case cited as 1970 SCMR 137

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Muhammad Yaqub Ali Khan Title: MUZAFFAR KHAN vs CHANNA N KHAN AND 2 Other Case No.: Civil Petition for Special Leave to Appeal No. 155 of 1967 Date of Judgment:1967-10-13 Reported As: 1970 SCMR 137 Result: Leave granted Judgment ORDER CORNELIUS, C. J.-The High Court has issued a writ to quash the. Action. Of a Controlling Authority in accepting the resignation from the Chairmanship of a Union Council of the respondent Channan Khan, as well as the election of the 'present petitioner Mazaffar Khan which followed the vacation of the Chairman's seat. Reliance has been placed on the decision of this Court in the case of A. K. Fazal Qader Chowdhury v. Syed Shah Nawaz (P LD 1966SC105). It is urged for the petitioner that the High Court has ignored the following facts, establishing acquiescence in the acceptance of the resignation, vie. That following such acceptance, a fresh election was held, in which Channan Khan participated, and lost against the present petitioner. It was thereafter that the writ petition was filed. The point raised is one of substance. It did not arise in the Supreme Court case on which reliance has been placed. We grant leave as prayed. Security-Rs. 1,000.

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