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Petitioner: Raja ABDUL LATIF VS Respondent: RASHID NASIM ABBASI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Arif, Ajmal Mian, Munawar Ahmed Mirza Title: Raja ABDUL LATIF vs RASHID NASIM ABBASI and others Case No.: Civil Petition No,819 of 1998 Writ Petition No,997 of 1998 Date of Judgment:1998-10-08 Reported As: 1999 SCMR 1314 Result: Leave granted
Judgment ORDER ' AJMAL MIAN, C.J.---This is a petition for leave to appeal against the order, dated 19-5-1998 passed by a Division Bench in Writ Petition No,997 of 1998 filed by respondent No,1, for seeking direction to the Returning Officer/respondent No,2 to include the votes from serial Nos.933 to 964 (male) and 481 to 605 (female) in new Ward No,18 and Sub-ward No,8/3 of Ward No,9 (old), allowing the same. ' The brief facts are that inter alia the petitioner and respondent No,1 contested the election in respect of Ward No,18 of Rawalpindi Municipal Corporation, Rawalpindi, in 1997. It seems that after the above election, respondent No,1 filed the above writ petition, which was allowed by the above order dated 19-5-1998, and in consequence whereof the petitioner lost the election by 11 votes. The petitioner has, therefore, filed the present petition for leave to appeal. ' In support of the above petition it has been vehemently contended by Mr. Muhammad Ilyas Siddiqui, learned counsel, for the petitioner, that the learned Judges of the Division Bench were not justified in issuing the above direction for inclusion of votes total of which comes to 2364 votes, as the question whether any vote was improperly excluded could have been adjudicated upon only by the forums provided under the relevant law and not by the High Court, particularly after the election was over. We are inclined to grant leave to consider the question as to whether the High Court was justified to issue the above direction in view of the law obtaining at the relevant time. The appeal arising from the above petition may be fixed at an early date.