TARIQ LATIF SHEIKH and 7 others vs PRESIDENT, CANTONMENT BOARD, MULTAN and 2 others
The eight elected Members of the Multan Cantonment Board sought leave to appeal against an interim order passed by the Lahore High Court, which stayed proceedings regarding a no-confidence motion moved against the respondent. The core legal question concerned the propriety of interfering with an interim regulatory order of short duration passed without impleading necessary parties, which allegedly created a stalemate in the Cantonment Board. The Supreme Court of Pakistan held that leave to appeal should not be granted at this interim stage, as the order was capable of rectification or modification upon proper application and hearing before the High Court. The key principle laid down is that the Supreme Court will generally decline to interfere with short-duration interim orders of the High Court, expecting parties to seek modification or speedy adjudication before the High Court rather than invoking apex court jurisdiction prematurely.
- Whether the Supreme Court will grant leave to appeal against an interim regulatory order of short duration passed by the High Court?
- Can an interim stay order passed by the High Court be modified or rectified upon an application by the affected parties?
- Is it appropriate to approach the Supreme Court against an interim order without first seeking adjudication and modification in the High Court?
' SHAFIUR RAHMAN, J.--The eight elected Members of Multan Cantonment Board seek leave to appeal against an interim Order passed by the Lahore High Court Multan Bench, on 21-5-1989, whereby while admitting a Constitution petition and directing its early fixation the Court granted the interim relief in the following words:- "Meanwhile the proceedings in respect of no-confidence motion moved against the petitioner are stayed."
2. Muhammad Akram Sheikh, Advocate, the learned counsel appearing for the petitioners has expressed more than one grievance against the proceedings in the High Court. In the first place it is contended that the petitioners who are necessary parties, had moved the 'no-confidence motion', and had initiated the proceedings, which had brought the other party to the High Court, were not impleaded as party. The proceedings in the High Court took place without associating them or informing them of it. It is also contended that when applications were filed pointing out this omission, they were dismissed on a very technical view of the matter. Besides, no violation of any law had taken place and in any case no prejudice could be pleaded by the Writ Petitioner for claiming the relief that he did. Further, according to the learned counsel for the petitioner, the interim order is couched in words which have precluded further proceedings in the Cantonment Board on the basis of another and subsequent 'No-confidence motion' moved by the petitioners conforming to the strict requirement of the law. This has created a stalemate and made the functioning of the Cantonment Board impossible.
3. Even if all the grievances of the petitioners are prima facie found to be of substance, the fact remains that it is an interim regulatory order of short duration against which this petition for leave to appeal has been filed. The order is capable of rectification or modification on good cause being shown by the petitioners on appearance before the High Court. If the applications filed in the matter were defective, the defect could have been cured and an adjudication obtained. Where lawyers represent parties, we do expect near perfection in drawing up documents and in presentation of the case of the parties. The more appropriate course for the petitioners, in the circumstances, would be to seek and obtain hearing in the proceedings and adjudication in the matter after hearing. We hope that the urgency which the High Court has shown in ordering early fixation of the matter shall be maintained in handling the case.
4. We consider that this is not a fit case for grant of leave to appeal at this stage. Hence the petition is dismissed.