Shandana Gulzar Khan vs Mr. Sikandar Sultan Raja, Chief Election
This matter involves a criminal original petition arising out of a main writ petition titled Shandana Gulzar Khan Vs. Election Commission of Pakistan and others. The core legal question concerned whether the contempt proceedings or auxiliary criminal original petition should survive once the principal writ matter has been adjudicated upon. The court decided and held that since the main writ petition was allowed vide a judgment of even date, the instant criminal original petition had become infructuous and was accordingly dismissed. The key principle laid down is that ancillary or auxiliary proceedings such as criminal original petitions for contempt become infructuous and merit dismissal when the underlying main writ petition is finally decided.
- What is the effect on a criminal original petition when the main writ petition from which it arises is allowed?
- Can a criminal original petition be dismissed as infructuous upon the adjudication of the principal writ matter?
JUDGM ENT
1. M IANGUL HASSAN AURANGZEB, J:- Since the main writ petition i.e., W.P. No.4179/2022, titled "Shandana Gulzar Khan Vs. Election Commission of Pakistan and others" has been allowed vide judgment of even date, therefore, the instant criminal original petition is dismissed being infructuous.