| Case ID |
3b727869-ace8-4202-882b-f0baf89fdfce |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 239 |
| Decision Date |
Oct 04, 1967 |
| Hearing Date |
Oct 04, 1967 |
| Decision |
The Supreme Court granted special leave to appeal to consider the interpretation of Rule 34 of the Electoral College Rules, 1964. The Court noted that the High Court had expressed contradictory views on the application of this rule in two separate writ petitions. The matter raised significant legal questions regarding the proper application of the rule in the present case. The Court allowed the appeal and ordered that the petitioner furnish security for costs before the hearing of the appeal. Additionally, the proceedings before the Controlling Authority, as directed by the High Court, were stayed pending the appeal. The decision underscores the importance of clarity in electoral laws and the need for consistent judicial interpretation. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 239 of 1967, the Supreme Court of Pakistan addressed the interpretation of Rule 34 of the Electoral College Rules, 1964. The case arose after the High Court issued contradictory rulings on the applicability of this rule in two writ petitions, leading the petitioners to seek clarification and appeal to the Supreme Court. The Court's decision to grant special leave to appeal was pivotal, as it aimed to resolve inconsistencies in judicial interpretation that could affect electoral processes. The ruling emphasized the necessity for precise legal frameworks in electoral matters, ensuring that electoral rules are applied uniformly and justly. The Court also mandated the petitioner to provide security for costs, highlighting procedural requirements in such appeals. The proceedings related to the High Court's order were stayed, reflecting the Court's commitment to maintaining the integrity of the legal process while the appeal is considered. This case serves as a critical reference point for future interpretations of electoral regulations and the functioning of the judiciary in electoral disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman,
Hamoodur Rahman,
Muhammad Yaqub Ali
|
| Lawyers |
A. S. Salam,
Masood Akhtar
|
| Petitioners |
Sheikh Bashir Ahmad
|
| Respondents |
another,
Rahimuddin
|
| Citations |
1970 SLD 197 = 1970 SCMR 90
|
| Other Citations |
Not available
|
| Laws Involved |
Electoral College Rules, 1964
|
| Sections |
34
|