Syed YOUSAF RAZA GILLANI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad a

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Syed YOUSAF RAZA GILLANI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad arts. 60, 69 (2) & 199---Rules of Procedure and Conduct of Business for Senate, 2012, R. 24 (1)---Chairman of Senate, election of---Proceedings of Senate---Decision of Presiding Officer---Remedy---appellant was candidate for election to the seat of Chairman Senate who was aggrieved of decision of Presiding Officer declaring respondent as the Chairman---Single Judge of High Court declined to interfere in the decision of election---Validity---all other businesses were excluded when Senate was constituted and Chairman and Deputy Chairman were to be elected---Process of election of Chairman Senate was part and parcel of valid structuring of the Senate---Election process, under Rules of Procedure and Conduct of Business for the Senate, 2012, was not headed as business of Senate---Order to place in valid Senate, Chairman Senate and Deputy Chairman were to be elected and process of election, to such posts, tantamount to "proceedings"---No decision of Speaker of National assembly or Chairman Senate or the Deputy Chairman Senate, could be assailed---actions or inactions of such office bearers if were of administrative nature or did not fall within procedural irregularity in proceedings, could be judicially reviewed---It was only essential and proper that a resolution could be moved by appellant, if he felt that he had been declared an unsuccessful candidate through an erroneous ruling of Presiding Officer; making election or the process of election not fair, just and honest, which could be put to vote and whoever had the majority, should carry the day---Division Bench of High Court declined to interfere in the judgment passed by Single Judge of High Court regarding maintainability of Constitutional petition and alternate and adequate remedy as the same did not suffer from any error calling for interference---Intra Court appeal was dismissed, in circumstances.

Syed YOUSAF RAZA GILLANI vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice, Islamabad arts — 2022 PLD 326 ISLAMABAD

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