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BASHIR AHMAD versus RAHIMUDDIN


Rules of the Electoral College, 1964, r 34 Special interpretation of the rule, for appeal to a special court which is under consideration of the Supreme Court.

1970 S C M R 90

Present : S. A. Rahman, Hamoodur Rahman and Muhammad Yaqub Ali, JJ

Sheikh BASHIR AHMAD‑Petitioner

versus

RAHIMUDDIN AND ANOTHER‑Respondents

Civil Petition for Special Leave to Appeal No. 239 of 1967, decided on 4th October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 3rd May 1967, in Writ petition No. 1678 of 1966).

Electoral College Rules, 1964,

r. 34‑Interpretation of rule‑ Special Leave to Appeal granted by Supreme Court to consider.

A. S. Salam, Advocate Supreme Court instructed by Masood Akhtar, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 4th October 1967.

ORDER

S. A. RAHMAN, J.‑

The question raised in this petition for special leave to appeal from an order passed by the High Court in Writ Jurisdiction concerns the correct interpretation to be placed on Rule 34 of the Electoral College Rules, 1964. The High Court has apparently expressed contradictory views on this question, in two writ petitions. The contention raised that the High Court was in error in holding that the rule applied to the present case, merits consideration. We grant leave to appeal as prayed. The petitioner will furnish security in the sum of Rs. 1,000 for costs before the appeal is set down for hearing. Proceedings , before the Controlling Authority in consequence of the order of the High Court will continue to remain under stay meanwhile.

Leave granted.

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