MUHAMMAD YOUSAF Versus MUHAMMAD BASHIR AHMAD

ORDER

1. NASIM HASAN SHAH, J.‑ ‑In an Election Petition filed by the respondent challenging the election of the petitioner and claiming that he was entitled to be declared as the elected candidate, the Election Tribunal accepted the suggestion made by the petitioner of how the Tribunal may proceed to determine this question and proceeded to decide the petition in accordance therewith. The Tribunal found ‑ that the respondent was entitled to be declared as the elected candidate and held accordingly.

2. The petitioner challenged the decision of the Election Tribunal in the High Court by filing a writ petition. This was rejected as the High Court held that the arrangement agreed to by the parties and acted upon by the Election Tribunal was neither repugnant to any law, nor unconscionable nor against the public policy. The aforesaid judgment of the High Court is challenged by the present petition.

3. We consider that the High Court was right in not interfering with the order of the Election Tribunal. The parties, principally the petitioner, had persuaded the Election Tribunal to adopt a particular course for determining the question as to which of the two contesting candidates had received the majority of votes. Having done so, the petitioner could not be allowed to question the propriety of the Tribunal in acting upon a course suggested to it by himself. In the above circumstances, the petitioner could not be granted any relief by the High Court in exercise of its discretionary writ jurisdiction. His writ petition was rightly dismissed by the High Court and the decision of the High Court being unexceptionable no interference therewith by this Court is warranted.

4. This petition is dismissed.

5. M . Y . H . Petition dismissed.