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Civil .Petition for Special Leave to Appeal No. 366-K of 1984, decided on 27th September, 1984.

---Art. 185(3)--Election of Co-operative Society--Contention that High Court had failed to notice that Constitutional petition filed by petitioner was virtually in nature of a writ of quo warranto which could not therefore be dismissed for want of territorial jurisdiction--Leave to appeal granted to consider contention.--[Jurisdiction].

N.A. Faruqui, Advocate Supreme Court with S. M. Abbas Advocate-on-Record for Petitioners.

Muhammad Akram, Advocate Supreme Court with Ejaz Ahmed Khan, Advocate-on-Record for Respondent No. 2.

Faizanul Haq, Advocate-on-Record for Respondent No. 3.

This petition relates to election to the post of President of respondent No. 2 Institution. Among three candidates who filed nomination papers, one withdrew his candidature, first petitioner's nomination paper was rejected on the ground that his consent was received one day late and respondent No. 3 was declared as elected unopposed.

Petitioners challenged the result of the election in a Constitution petition in Sind High Court but it was dismissed on the ground of lack of territorial jurisdiction.

Mr. N.A. Faruqui learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court, inter alia, submits that the High Court has failed to notice that constitution petition filed by petitioners was virtually in the nature of a writ o quo warranto, and it could not, therefore, be dismissed for want of territorial jurisdiction.

This plea amongst others deserves consideration. Leave is granted. Security Rs. 1,000.

The appeal will be heard on the present record at an early date, but it is open to the parties to file additional documents, if any.

Interim order passed by this Court on 17-7-1984 shall continue till appeal is decided.

M. Z. M. Leave granted.

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