P L D 1954 LAHORE 533
CAPTAIN SHER JANG
LT.COL. MUHAMMAD AKBAR AND OTHERS
Government of India Act, 1935, S.69.
Where the plaint alleging that the defendant after his election to the Punjab Legislative Assembly had accepted what was described as an office of profit under the Crown sought a declaration that the defendant had ceased to be a member of the Legislative Assembly;
Held that neither expressly nor by necessary intendment, had the Civil Courts jurisdiction been excluded in respect of the relief sought in the plaint. [p.539] A.
The ouster of jurisdiction of the general Courts is not to be presumed by any special legislation unless there is either express provision to that effect or the result follows by necessary intendment. [p.537] B.
The matters referred to in clause (c), sub-para, (1) of para. 7 of Part III of Government of India (Provincial Election) (Corrupt Practices and Election Petition) Order, 1936 are those which are really antecedent to an election and in particular the expression “disqualification for election” is not referable to a point of time after the election. [p.538] D.
If prima facie ground exists for thinking there had been no appointment of the first defendant to the post in question after the election, but that he had continued to hold it all along, the Civil Court’s jurisdiction to entertain the suit would become doubtful. [p. 540] E.