BAKHI Versus ELECTION TRIBUNAL

ORDER

SAAD SAOOD JAN, J.‑‑ These are three petitions for special leave to appeal from an interim order made by the Lahore High Court on 19‑3‑1988. It arises in the following circumstances.

2. Allah Wasaya and Ghulam Muhammad were candidates in the election to Union Council, Sakhi Sarwar, from Ward No.8. Ghulam Muhammad was declared elected by the Returning Officer. Allah Wasaya filed an election petition. The Election Tribunal, accepted the petition, set aside the election of Ghulam Muhammad and declared Allah Wasaya to be the successful candidate. Ghulam Muhammad filed a constitutional petition in the High Court to call in question the legality of the order of the Election Tribunal. While admitting the writ petition to regular hearing, the High Court on 22‑12‑1987 suspended the operation of the order of the Election Tribunal. In the circumstances, on 24‑12‑1987 when the elections for filling the special seats were held, Ghulam Muhammad took part in them. On 12‑1‑1988 the High Court withdrew its earlier order by which it had suspended the operation of the order of the Election Tribunal and later, 'dismissed the writ petition.

3. The petitioners who were unsuccessful in the elections held for filling the special seats, filed election petitions before the Election Tribunal mainly on the ground that after the decision of the Election Tribunal Ghulam Muhammad was not entitled to take part in the election for special seats and that had Allah Wasaya participated therein the result would had been different. Their petitions are still pending before the Election Tribunal. However, by an order dated 11‑1‑1988, the Election Tribunal restrained the candidates who were elected to the special peasants seats from casting their votes in the elections to be held for filling the offices of the Chairman and Vice‑Chairman. The said candidates filed writ petitions against the interim order passed by the Election Tribunal. By the order impugned in these petitions, the High Court has suspended the said order. The petitioners seek leave to appeal from the order of the High Court.

4. The order made by the High Court is of an interim nature and it is still open to the petitioner to agitate against it before that Court. In the circumstances leave to appeal is therefore refused.

M.I./B‑45/S Petitions dismissed.