| Case ID |
10a1c3a0-e683-441d-b4e1-28b98fb401cc |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 155 |
| Decision Date |
Oct 13, 1967 |
| Hearing Date |
Oct 13, 1967 |
| Decision |
The Supreme Court granted special leave to appeal to consider the question of whether the High Court was justified in interfering with the writ jurisdiction regarding the acceptance of resignation from the Chairmanship of a Union Council by Channan Khan. The Court noted that the High Court had ignored the facts establishing acquiescence in the acceptance of the resignation, particularly that a fresh election was held where Channan Khan participated and lost. The Court found that the point raised was of substance and did not arise in the previous Supreme Court case referenced. Consequently, the Court granted leave as prayed and set the security at Rs. 1,000. |
| Summary |
In the case of MUZAFFAR KHAN vs CHANNAN KHAN, the Supreme Court of Pakistan addressed the issue of acquiescence concerning the resignation of a Union Council Chairman. The petitioner, MUZAFFAR KHAN, challenged the High Court's decision to quash the acceptance of resignation by Channan Khan. The Supreme Court emphasized the importance of the circumstances surrounding the resignation and subsequent election, where Channan Khan participated and lost. This case underscores crucial principles of administrative law, particularly regarding the judicial review of administrative actions and the doctrine of acquiescence. The decision highlights the balance between the High Court’s authority and the Supreme Court’s oversight in matters of public interest, especially in administrative disputes. Keywords such as 'Supreme Court of Pakistan', 'administrative law', 'judicial review', and 'acquiescence' are trending in legal discourse, reflecting the ongoing discussions around the limits of judicial intervention in administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
MUHAMMAD YAQUB ALI, J
|
| Lawyers |
Zafar Mahmood, Advocate Supreme Court.,
Wajid Hussain, Senior Attorney for Petitioner.,
Abdul Majid Khan, Advocate Supreme Court.,
Abdul Karim, Attorney for Respondent No. 1.
|
| Petitioners |
MUZAFFAR KHAN
|
| Respondents |
Respondent No. 3,
Respondent No. 2,
CHANNAN KHAN
|
| Citations |
1970 SLD 224,
1970 SCMR 137
|
| Other Citations |
A. K. Fazlul Quader Chaudhury v. Syed Shah Nawaz and 2 others P L D 1966 S C 105
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
Art. 98
|