Pakistan Case Law
1994 SCMR 2000

MUHAMMAD ISHAQ DAR vs SHAHID NABI MALIK and another

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Citation1994 SCMR 2000
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No, 1413-L of 1993 Writ Petition No, 16274/1993
Date1993-12-07
Judge(s)Nasim Hasan Shah, CJ., Muhammad Rafiq Tarar and Manzoor Hussain Sial
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the High Court regarding the bye-election for National Assembly Constituency No. NA-95-Lahore-IV. The core legal question before the Supreme Court was whether the High Court's interim order restraining the announcement and notification of the election results pending the final decision of a writ petition was appropriate, or whether the election process should be allowed to reach its conclusion despite the pending litigation. Upon hearing the arguments from both parties, the Supreme Court converted the petition into an appeal and allowed it. The Court held that the High Court's direction prohibiting the announcement and notification of the election result should be substituted. Consequently, the Supreme Court directed that the election authorities must announce and notify the result of the bye-election, and the candidate declared successful shall be permitted to take their seat in the National Assembly. This permission is explicitly made subject to the final outcome of the writ petition pending before the High Court, thereby balancing the electoral process with judicial oversight.

Questions settled in this judgment
  • Can a High Court restrain the notification of election results pending the final decision of a writ petition?
  • Should a candidate declared elected in a bye-election be allowed to take their seat in the National Assembly while a writ petition challenging the election is pending?
bye-electionelection resultsinterim reliefwrit petitionNational Assemblyelection notification

ORDER

1. ' This order shall be read in continuation of our earlier order dated 6-12-1993.

2. ' Raja Muhammad Anwar, learned counsel for respondent No, 1, has been heard at length.

3. ' Mr. Muhammad Akram Sheikh, learned counsel for the petitioner, has also been heard in reply.

4. After hearing learned counsel for both the parties and for reasons to be recorded later, this petition is converted into an appeal and allowed in terms that the direction issued by the High Court, in its impugned order, that "the result of the bye-election for National Assembly seat from Constituency No,NA.95-Lahore-IV shall not be announced/declared/notified until the final decision of the writ petition" shall be substituted with the direction that the result of the said election shall be announced and notified by the election authorities and the candidate declared elected shall be allowed to take his seat in the National Assembly, subject to the final decision of the writ petition filed in the High Court.

Cited by 1 case

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