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Civil Petition for Special Leave to Appeal No. 155 of 1967, decided on 13th October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar B‑.rich, Peshawar, dated the 15th March 1967, in Writ Petition No, 392 of 1966).

Art. 98‑Acquiescence of petitioner with order of Tribunal below‑High Court, in circum stance, whether justified in interfering in writ jurisdiction Special Leave to Appeal granted by Supreme Court to consider question.

A. K. Fazlul Quader Chaudhury v. Syed Shah Nawaz and 2 others P L D 1966 S C 105 ref.

Zafar Mahmood, Advocate Supreme Court. instructed by Wajid Hussain, Senior Attorney for Petitioner.

Abdul Majid Khan, Advocate Supreme Court instructed by Abdul Karim, Attorney for Respondent No. 1.

Nemo for Respondents Nos. 2 and 3.

Date of hearing : 13th October 1967.

The High Court has issued a writ to quash the. action. of a Controlling Authority in accepting the resignation from the Chairmanship of a Union Council of the respondent Channan Khan, as well as the election of the 'present petitioner Mazaffar Khan which followed the vacation of the Chairman's seat. Reliance has been placed on the decision of this Court in the case of A. K. Fazal Qader Chowdhury v. Syed Shah Nawaz (P LD 1966SC105).

It is urged for the petitioner that the High Court has ignored the following facts, establishing acquiescence in the acceptance of the resignation, vie. that following such acceptance, a fresh election was held, in which Channan Khan participated, and lost against the present petitioner. It was thereafter that the writ petition was filed.

The point raised is one of substance. It did not arise in the Supreme Court case on which reliance has been placed.

We grant leave as prayed. Security‑Rs. 1,000.

Leave granted.

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