Syed BAQIR HUSSAIN SHAH vs Malik MUHAMMAD ALI AND 2 Other — 1970 SCMR 85

Citation: 1970 SCMR 85

Court: Supreme Court of Pakistan

Year: 1967

Decision Date: 1967-10-12

Parties: Syed BAQIR HUSSAIN SHAH vs Malik MUHAMMAD ALI AND 2 Other

Headnotes

Case cited as 1970 SCMR 85

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Fazal-e-Akbar, Dr. Sheikh Abdul Rahman Title: Syed BAQIR HUSSAIN SHAH vs Malik MUHAMMAD ALI AND 2 Other Case No.:Civil Petition for Special Leave, to Appeal No. 282 of 1967 Writ Petition No. 1250 of 1966 Date of Judgment:1967-10-12 Reported As: 1970 SCMR 85 Result: Leave granted Judgment ORDER S. A. RAHMAN, J.-In this case the petitioner asked for a writ in the nature of quo warranto against the holding by the respondent, Malik Muhammad Ali, of the office of Chairman . Of the Union Council, Hamoka. He had also asked for a declaration that the Notification dated the 21st November 1965, by which he was not mea as a Member of Electoral College, was one without authority and of no legal effect. The election in this case took place on the 8th Nov her 1964, but polling was apparently stopped by the Returning Officer on the ground of a disturbance taking place. The Provincial Election Authority approved of his suggestion that further polling may take place on the 18th November 1964. The High Court apparently seems to be under the impression that this was a fresh election, but this does not appear to be correct. It was merely a continuation of the old election. Malik Allah Dad, one of the candidates, filed a writ petition in the High Court, challenging the postponement of the polling, on the allegation that he had finished on the earlier date and no fresh poll could be allowed. The High Court passed an ad interim order, directing the…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.