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GHULAM MUHAMMAD versus RETURNING OFFICER, KAMOKE


Article 21 (f) and Article 10 (2) (6) of the O7 1977 (PP) pursuant to the Parliament and Provincial Assembly (Elections) Order, 1977, the election ineligible appellant depot holder, resigning as depot holder upon election. Writ Petition dismissed as member disqualified, missing case, before filing petition

1981 C L C 234

[Lahore]

Before Gul Muhammad Khan and Abaidullah Khan, JJ

GHULAM MUHAMMAD‑Appellant

versus

RETURNING OFFCER, KAMOKE AND 2 others---Respondents

Intro‑Court Appeal No. 227 of 1980, decided on 20th September, 1980.

(a) Punjab Local Government Ordinance (VI of 1979)‑---.

‑‑‑‑ S. 21(f ) and h ogee of Parliament and Provincial Assemblies (Elections) Order, 1977 per. (P.‑P.) O. 5 of 1977], Art. 10(2)(6)‑‑Election‑Disqualifications--Appellant depot‑holder, resigning as depot holder after being elected as member taut before filing of writ petition‑Disqualification, held, vanished in circumstances of case and writ petition dismissed.

Sardar Muhammad Jaffar Khan Leghari v. Election Commission P L D 1978 Lah. 76 and Umar Draz Cheema v. Nazar Muhammad 1980 S C M R 156 ref.

Alimuddin v. Muhammad Riaz C. P. S. L. A. No. 361 1980; I. C. A. No. 56 of 1980 and Azizur Rehman Chaudhry's case P L D 1965 S C 236 rel.

(b) Constitution of Pakistan (1973)‑‑‑

---Art. 199‑‑‑Writ of quo warranto--‑‑Election petition pending decision at time of filing of writ petition‑Seeking interference in nature of quo warranto, held, not barred in circumstances.

Farzarul Ali v. Province of West Pakistan P L D 11970 S C 98 rel.

Faqir Muhammad Khokhar and Eitezaz Ahsan for Appellant.

A. R. Shaukat for Respondent No. 3.

Nemo for the Remaining Respondents.

Date of hearing' : 9th July, 1980.

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