KISHWAR PERWEEN and others vs RASHIDA BIBI and 5 others
This matter arises from petitions converted into appeals before the Supreme Court of Pakistan concerning local government elections. The core legal question involves the restraint on holding the election of the Chairman or Vice-Chairman pending the final adjudication of an election petition before the Election Tribunal. The court held that the High Court stay order is vacated subject to the observation that the Deputy Commissioner or Assistant Commissioner shall not hold the election of the Chairman or Vice-Chairman until the election petition pending before the Senior Civil Judge, Okara, cum-Election Tribunal for Town Committee, Renala Khurd, is finally decided in accordance with the High Court's order by the specified deadline of 15th of January, 1999. The key principle established relates to balancing the execution of election proceedings with the expeditious final resolution of pending election disputes before designated tribunals.
- Can the Supreme Court vacate a High Court stay order while permitting a conditional restraint on holding local government elections?
- Whether the election of a Chairman or Vice-Chairman should remain suspended pending the final decision of a pending election petition before an Election Tribunal?
ORDER
1. For the reasons to be recorded later on, the above petitions are converted into appeals. The High Court stay order is vacated with the observation that the Deputy Commissioner/Assistant Commissioner will not hold the election of the Chairman or Vice-Chairman till the time the election petition pending before the learned Senior Civil Judge, Okara, cum-Election Tribunal for Town Committee, Renala Khurd, is decided finally as per order of the High Court by 15th of January, 1999.