ALIM UD DIN vs MUHAMMAD RIAZ ETC.S
This petition is directed against the order of the High Court upholding the refusal to interfere with alleged disqualifications in the election of a respondent as a member of the Zila Council, Lahore, through constitutional proceedings, on the ground that a regular election petition covering the same points was already pending before another competent forum. The core legal question was whether the High Court is bound to entertain a petition for quo warranto filed by a taxpayer when an election petition involving the same subject matter is already pending. The Supreme Court held that it lies within the discretion of the High Court, depending on the facts and circumstances, whether to conduct an inquiry into a matter already sub judice before another competent forum, and the exercise of such discretion to avoid parallel proceedings and potential prejudice does not suffer from any legal infirmity. The key principle laid down is that the High Court may decline to exercise its discretionary constitutional jurisdiction in quo warranto proceedings if the same matter is already competently sub judice before an alternative forum.
- Whether the High Court is bound to entertain a petition for quo warranto when an election petition involving the same matter is already pending?
- Does the refusal of the High Court to interfere in election matters while a regular election petition is sub judice suffer from any legal infirmity?
ORDER
KARAM ELAHEE CIJAUHAN, J---This is a petition against an order of the High Court dated 5-3-1980, passed in an Intra-Court Appeal No. 56 of 1980, confirming the order of` the learned Single Judge dated 11-2-1980, passed in Writ Petition bearing No. 1326/80 whereby the High Court refused to interfere or go into certain. Alleged disqualifications in the election of the respondent as a member of Zila Council, Lahore, on the ground that a regular election petition has been filed by another contestant which covered the same point w x which was being asserted by the present petitioner in the High Court:,1F Learned counsel argued that his client as a tax-payer had filed a petition for quo warrant to and its adjudication could not have been shelved merely on the ground that some rival contestant of the respondent has challenged his election by an election petition as well. The contention has no merit because it is lit the discretion of the High Court whether in view of the peculiar facts and circumstances of a case, it would like to proceed in inquiry about a matter which is already competently sub judice before another forum, though at the instance. Of another party. The discretion in the instant case exercised by the High Court sloes riot suffer from any legal infirmity because any interference by the High Court, at this stage was likely to jeopardize the adjudication of another competent Court. The view taken by the High Court on the facts and in the peculiar circumstances of this case does not call for any interference by this Court.
2. The result is that as no case is made out for grant of leave the petition is dismissed.