1994 SCMR 983

MUHAMMAD PERVAIZ vs Choudhary MUHAMMAD RIAZ and 2 Others

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Citation1994 SCMR 983

CourtSupreme Court of Pakistan

Case No.Writ Petition No, 1023 of 1993 Appeal No, 490 of 1993

Date1993-10-05

Judge(s)Ajmal Mian, Abdul Qadeer Chaudhry, Shafi-ur-Rehman, Saad Saood Jan

ResultLeave refused

Summary

This petition arises out of an order passed by the High Court issuing a writ to the Returning Officer to allocate the election symbol of 'Tiger' to respondent No. 1. The core legal question is whether the High Court was competent to issue the writ directing the allocation of the election symbol. The Supreme Court held that since respondent No. 1 was the recognized candidate of the Pakistan Muslim League (N), which had been allocated the symbol of 'Tiger' for the General Elections to the Provincial Assembly, it was not a fit case for interference by the Supreme Court with the writ issued by the High Court. Consequently, the Court refused leave to appeal. The key principle laid down is that the Supreme Court will not interfere with the High Court's constitutional writ regarding the allocation of recognized party election symbols to eligible candidates where no jurisdictional defect is made out.

Questions settled in this judgment

Whether the High Court is competent to issue a writ directing the Returning Officer to allocate an election symbol?
Will the Supreme Court interfere with a High Court writ regarding the allocation of an election symbol to a recognized party candidate?

election symbolwrit petitionSupreme Court interferenceProvincial Assemblypolitical party candidate

ORDER

' SAAD SAOOD JAN, J.---The petitioner is aggrieved by the writ issued by the High Court to the Returning Officer to allocate the symbol of `Tiger' to Choudhary Muhammad Riaz, respondent No,1.

The contention on his behalf is that the High Court was not competent to issue the writ.

2. It is not disputed that in the present General Elections to the Provincial Assembly the Pakistan Muslim League (N) has been allocated the symbol of 'Tiger'. It is also not disputed that respondent No,1 is now the only recognized candidate of the Pakistan Muslim League (N) for the Constituency from which he and the petitioner are contesting election. In the circumstances, we do not think that it is a fit case for interference by this Court with the writ issued by the High Court. Leave is refused.