AYAZ ALI RAJPAR vs ADVOCATE GENERAL SINDH R — 2022 PLD 310 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 310 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: AYAZ ALI RAJPAR vs ADVOCATE GENERAL SINDH R

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AYAZ ALI RAJPAR VS ADVOCATE GENERAL SINDH R. 25---Constitution of Pakistan, Arts. 199 & 204--- Election dispute---Contempt proceedings---Maintainability---Interim order merging in final order---Recounting of votes---Petitioner invoked contempt proceedings against Advocate General of Sindh for non-compliance of interim order passed by High Court---Plea raised by contemnor (Advocate General) was that interim order passed by High Court was finally merged into final order passed eight days later and there was no direction restraining him from exercising his powers---Validity---Contempt proceedings cannot be initiated at desire or whim of a litigating party---Before proceeding against alleged contemnor Court has to be satisfied as to whether alleged contemnor has done any act coming within the mischief of law of contempt---Contempt lies where there is deliberate act on part of contemnor which within judicial conscious of the Court itself falls within the meaning of a contempt---Interim order always merges in final order and does not survive after final verdict has been announced in the matter---Once name of winning candidate was declared and notified in gazette, any objection to Election could not be gone into by High Court in its Constitutional jurisdiction---Parties were left to seek remedy at the proper forum---Petitioner was at liberty to file proper application before Returning Officer for recounting of votes---Application was dismissed, in circumstances.

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