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MALIK AHMED KHAN AWAN versus MUNIR HUSSAIN SHAH


Arts 199 and 185 (3) Criminal Code of Conduct (V9 1898), Section 491 Appeal for leave to appeal a High Court order relating to the registration of a case against the applicant and others for a hearing, in illegal detention. While approving an order related to the suspension of a applicant's notification as the moderator of the Union Council responsible for holding the detentions, section 491 was not appropriate for dealing with the request under CRPC. Against the petitioner, the Election Commission of Pakistan, in the case of corruption, the elected member shall not be objectionable, but suspension of his notification shall be subject to interference in the duties of the Election Commission of Pakistan, which has exclusive jurisdiction over the removal of the elected member. From his position under the law, if he has periodically obtained the suspension of such notification in his government. Removal of a member by the High Court is a direct intervention in the duties of the Election Commission of Pakistan, a constitutional institution which, in exercise of its powers under Article 199 of the Constitution, may pass an interim order for this purpose. Is. Regulating the proceedings in a case pending before, but granting interim injunction in the matter of jurisdiction of any other constitutional forum, its discretion may not be properly exercised under the Article 199 petition, resulting in appeal. Vacation changed on appeal and defective order related to suspension of applicant's notification placed aside

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