ARIF MASOOD ANWAR NIAZI vs ELECTION TRIBUNAL/DISTRICT & SESSIONS
This petition for leave to appeal arose from an interlocutory order of the Lahore High Court, which admitted a writ petition challenging an Election Tribunal's decision but granted only partial interim relief. The petitioner, elected as a Member and subsequently Chairman of a Municipal Committee, was deseated by the Election Tribunal for being under the age of 25 at the time of nomination. While the High Court suspended the operation of the Tribunal's order regarding the petitioner's membership, the petitioner sought further relief, arguing that the partial suspension created an anomalous situation regarding his eligibility to re-contest the Chairman election. The Supreme Court examined the scope of the interim relief granted. It held that while there was prima facie merit in the petitioner's contention regarding the respondent's lack of locus standi to challenge the membership election, this did not invalidate the Tribunal's factual finding concerning the petitioner's age. The Court declined to interfere with the High Court's interim order but directed the High Court to prioritize the disposal of the main writ petition within two months to resolve the underlying controversy.
- Can an Election Tribunal unseat a member of a local council if the election petition was filed by a person lacking locus standi?
- Does the suspension of an order deseating a local council member imply that the underlying factual findings regarding disqualification are infirm?
- Is it appropriate for the Supreme Court to interfere with an interlocutory order of the High Court regarding interim relief in an election dispute?
- Section 24, Punjab Local Government Ordinance 1979
- Punjab Local Councils Election Petition Rules 1979
ORDER
1. NASIM HASAN SHAH, J.---This petition is directed against the interlocutory order passed by the High Court while admitting the writ petition filed by the petitioner to a regular hearing but refusing to grant interim relief in the terms desired by the petitioner. The relevant facts briefly are that the petitioner was elected as a Member of the Municipal Committee Ward No,4 Mianwali in the election held on 30-11-1987. After this election he successfully contested the election of the Chairman of the Municipal Committee held on 4-1-1988. In this election, Saajid Khan Niazi, respondent No,3 herein, was his contestant. The aforesaid Saajid Khan Niazi having lost the election submitted an application under section 24 of the Punjab Local Government Ordinance, 1979 read with Punjab Local Councils Election Petition Rules, 1979, for declaring the election of the petitioner held on 4-1- 1988 as null and void on the ground that he was less than 25 years of age. The petition succeeded and it was held that the petitioner had not attained the age of 25 years both on the last date for filing of nomination papers for the seat of a Councillor as also that for the Chairman, Municipal Committee; accordingly, he could not participate in any of the elections at the relevant time. As a result, the petitioner herein was found disqualified both to be a Councillor as well as Chairman of the Municipal Committee. Accordingly, he was deseated from the office of the Member and Chairman Municipal Committee Mianwali and fresh elections for the office of the Member of Ward No,4 and Chairman of the Municipal Committee, Mianwali were ordered. This determination was challenged by a writ petition in the Lahore High Court (W.P.No,1203 of 1989) which was admitted to a regular hearing with the following observations:- "Inter alia contends that Saajid Khan Niazi respondent No,3 had no locus standi to challenge the election of the petitioner as a Member of the Local Council and, therefore, learned Election Tribunal had no authority to unseat the petitioner from the office of the Councillor. Admit. Notice."
2. So far as the prayer for interim relief was concerned it was ordered that "the operation of the impugned order of the Election Tribunal in so far as it unseated the petitioner from the membership of the Municipal Committee, be suspended".
3. Mian Abdus Sattar Najam, learned counsel for the petitioner, has argued, in support of this petition, that the stay order granted by the High Court can result in an anomalous situation viz. That in so far as the petitioner is allowed to continue as a Member of the Local Council he can again contest the elections of the Chairman to be held by the Election Authority because his election as a Member of the Local Council has not been suspended and he could again get elected.
4. But the real situation appears to be that the deseating of the petitioner as a Member of the Local Council was suspended because there was prima facie force in the submission that without the respondent's filing any election petition against his election as Member of the Municipal Committee, .More so when the latter had no locus standi vis-a-vis the said election, the petitioner could not have been deseated from the said office but the prima facie acceptance of this plea did not imply that the finding to the effect that the petitioner was less than 25 years of age, was regarded as suffering from any infirmity. Be that as it may the most appropriate course appears to be that the learned High Court might give priority to this petition and try to dispose it of within two months, if possible.
5. With these observations this petition stands disposed of.