| Case ID |
36e288cb-d9b4-446b-b920-787e5023218b |
| Body |
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| Case Number |
Writ Petition No. 805 of 1991 |
| Decision Date |
May 22, 2015 |
| Hearing Date |
|
| Decision |
The constitutional petition was dismissed as having been rendered infructuous and not maintainable. The petition had been pending since 1990, but the delay was attributed to the conduct of the petitioners' counsel, who took considerable time to recast the petition. The court noted that the underlying cause of action had extinguished with the dissolution of the National Assembly that was elected in 1990, making any adjudication on the matter merely academic. The court emphasized that legal proceedings should not be undertaken for academic purposes and that the petitioners had failed to pursue their objections in subsequent elections. |
| Summary |
In the case of Writ Petition No. 805 of 1991, the Lahore High Court addressed the maintainability of a constitutional petition that had been pending for over 25 years. The petitioners challenged the acceptance of Mian Muhammad Nawaz Sharif's nomination papers in the 1990 general elections. The court found that the petition had become infructuous due to the long delay caused primarily by the petitioners' counsel. The court ruled that the dissolution of the National Assembly in 1993 extinguished the cause of action, making it an academic exercise to adjudicate the petition. The decision highlighted the importance of timely legal proceedings and the implications of delays in election-related matters. The ruling reiterated that the High Court's constitutional jurisdiction cannot be invoked as a matter of right and must consider specific circumventions when exercising its discretionary powers. The case serves as a significant reference for legal practitioners regarding the implications of prolonged delays in electoral disputes and the necessity of maintaining the efficacy of legal actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN,
MUHAMMAD QASIM KHAN,
MRS. AYESHA A. MALIK,
FAISAL ZAMAN KHAN,
MIRZA VIQAS RAUF
|
| Lawyers |
Syyed Muhammad Javaid Iqbal Jafree of Slarpore
|
| Petitioners |
Peer ALLY IMRAN and others
|
| Respondents |
Mian MUHAMMAD NAWAZ SHARIF and others
|
| Citations |
2015 SLD 2455,
2015 PLD 671
|
| Other Citations |
Dr. Mobashir Hassan and others v. Federation of Pakistan and others PLD 2010 SC 265,
Abdul Hamid v. Muhammad Shahidullah and 3 others PLD 1969 SC 535,
Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 SC 1066,
Presiding Officer v. Sadruddin Ansari and another PLD 1967 SC 569
|
| Laws Involved |
Representation of the People Act, 1976,
Constitution of Pakistan
|
| Sections |
14,
52,
199
|