Clubs and voluntary associations—Political party—Membership—Right to sue—
Registered members of political party issued with party cards—Onus of establishing
genuineness of membership cards—Whether registered members of political party
have capacity to sue to have party elections declared null and void.
Practice and procedure—Originating summons—When to issue—Rights of party
members guaranteed by party constitution made under S.M.C.D. 208—Infringement
of rights of members—Allegation of irregularity in election of party chairman and
presidential candidate—Whether writ of summons or originating summons proper
mode of making application for declaration to nullify elections—Political Parties
Decree, 1978 (S.M.C.D. 208)—High Court (Civil Procedure) Rules, 1954 (L.N. 140A),
Orders 2, r. 1 and 54A, rr. 1 and 2.
Practice and procedure—Pleadings—Striking out—Action by plaintiffs, members of
political party against elected leaders of party for violation of party constitution—
Defendants calling for dismissal of action on ground that writ does not disclose
reasonable cause of action—Circumstances in which pleadings might be struck out
for lack of reasonable cause of action—When Order 25, r. 4 not applicable—L.N.
140A, Order 25, r. 4.
Clubs and voluntary associations—Political party—Election of officers—Irregularity—
Constitution of political party laying down procedure for election of presidential
candidate and party chairman—Procedure not complied with—Action by registered
party members to have elections nullified—Whether party members having locus
standi.