Was the election petition challenging the Chairman of the Union Council filed in accordance with the West Pakistan Basic Democracies (Election of Chairman) Rules, 1960?

1970 SCMR 151

Malik MUHAMMAD KHAN vs Malik SAJJAWAL KHAN AND Another

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Citation1970 SCMR 151

CourtSupreme Court of Pakistan

Case No.Civil Petition for Special Leave to Appeal No. 191 of 1967 Writ Petition No. 1018

Date1967-10-02

Judge(s)A. R. Cornelius, C. J. and Fazle‑Akbar

Authored byFazle‑Akbar

ResultLeave granted

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for special leave to appeal against an order regarding the election of the Chairman of the Union Council, Kund, Tehsil Khushab, District Sargodha. The core legal question presented to the Supreme Court of Pakistan involves the proper interpretation and application of the West Pakistan Basic Democracies (Election of Chairman) Rules, 1960, specifically whether the election petition challenging the Chairman's election was filed in strict accordance with the procedural requirements mandated by these rules. The Supreme Court, recognizing that the interpretation of these election rules is a matter of general public importance, granted leave to appeal. Consequently, the Court held that the legal issues raised necessitated a formal review to determine the validity of the election challenge. The key principle established is that where election rules governing local government bodies involve questions of general public importance, the Supreme Court will grant leave to appeal to ensure the correct interpretation and consistent application of statutory election procedures, thereby upholding the integrity of the electoral process within the Basic Democracies system.

Questions settled in this judgment

Was the election petition challenging the Chairman of the Union Council filed in accordance with the West Pakistan Basic Democracies (Election of Chairman) Rules, 1960?

Laws & provisions referred

West Pakistan Basic Democracies (Election of Chairman) Rules, 1960

election petitionBasic Democraciesspecial leave to appeallocal government electionelection of Chairman

ORDER

1. FAZLE-AKBAR, J.-This petition for special leave to appeal raises the question whether the petition challenging the election of Chairman of Union Council, Kund, Tehsil Khushab, in the district of Sargodha, was filed in accordance with the provisions of the West Pakistan Basic Democracies (Election of Chairman) Rules, 1960.

2. As the questions raised require interpretation of some of the rules which are of general public importance, we grant leave to appeal as prayed. Security-Rs. 1,000. Stay already granted will continue till disposal of the appeal.