Haji Ghulam Rasul vs Mian Abdul Aziz — 1970 SCMR 134

Citation: 1970 SCMR 134

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 134

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Dr. Sheikh Abdul Rahman, JUDGMENT Reported As: 1970 SCMR 134 Result: Case remanded Judgment JUDGMENT S. A. RAHMAN, J.-The appellant, Haji Ghulam Rasul, was a candidate, along with the first respondent, Mian Abdul Aziz, and one, Ghulam Rasul Khan, for election to the Electoral College, from Unit No. 7, Ward No. 1, Shahdara, Tehsil and District Lahore. As a result of the poll, the first respondent was declared elected by a majority of 37 votes over the votes secured by the appellant. The latter filed an election petition and the Election Tribunal by order dated the 29th of September 1965, declared the election as a whole to be null and void, and ordered a fresh election. The first respondent called in question the order of the Tribunal, by a petition for a writ in the High Court of West Pakistan. The petition was allowed and the order of the Tribunal was quashed, with the consequence that the first respon--dent remained an elected Member of the Electoral College. Leave to appeal was granted in this case for consideration of the following grounds :- (i) Before the Tribunal, several grounds had been raised on the Election Petition, all of which were not considered by the High Court; and (ii) During the pendency of the writ petition, fresh election was held in which the petitioner was duly elected, and consequently the proceedings in the High Court had become abortive. We have heard Dr. Javed…

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