| Case ID |
f5ef32cc-83ff-4534-a094-6a344b6eaf20 |
| Body |
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| Case Number |
Civil Appeal No. 9-D of 1964 |
| Decision Date |
Dec 07, 1964 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal of the Deputy Managing Director of the National Bank of Pakistan and others, quashing the decision of the East Pakistan High Court which had declared the election of Ataul Haq void. The Court found that the High Court lacked jurisdiction to issue a writ against the Election Appeal Committee's decision, as the committee's authority and the records were based in Karachi, outside the jurisdiction of the East Pakistan High Court. The Court emphasized that the National Bank of Pakistan is not a local authority under Article 98 of the Constitution, thus the writ could not be issued from the High Court in Dacca. The judgment clarified the definition of 'local authority' and confirmed the rightful authority of the National Bank's Central Board in Karachi. |
| Summary |
This case revolves around the election of a Director to the Central Board of the National Bank of Pakistan. The Election Appeal Committee declared the election of Ataul Huq void due to alleged irregularities. The Supreme Court reviewed the jurisdiction of the East Pakistan High Court and ultimately ruled that the Committee's decision was valid and should not have been challenged in that court. The ruling highlighted the nature of the National Bank as a statutory body and clarified the legal framework surrounding local authorities and jurisdictional limits in Pakistan. The decision underscores the importance of adhering to proper legal channels when contesting electoral decisions within corporate governance structures, particularly in statutory institutions like banks. This case is significant for understanding electoral disputes in corporate governance and the legal jurisdiction of high courts in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Bank of Pakistan,
Election Appeal Committee,
East Pakistan High Court
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle-Akbar
|
| Lawyers |
A. K. Brohi,
Asrarul Hossain,
K. M. Subhan,
Noorul Arfin,
S. R. Pal,
Shahab-ud-Din Ahmad
|
| Petitioners |
The Deputy Managing Director, National Bank of Pakistan,
The Chairman, Local Board, National Bank of Pakistan,
The Chairman and Members of the Election Appeal Committee, National Bank of Pakistan,
The President, Central Board, National Bank of Pakistan
|
| Respondents |
Ataul Huq
|
| Citations |
1965 SLD 6,
1965 PLD 201
|
| Other Citations |
Not available
|
| Laws Involved |
National Bank of Pakistan Ordinance (XIX of 1949)
|
| Sections |
3,
11,
14
|