MUHAMMAD IQBAL KHAN vs ELECTION TRIBUNAL, ZILA COUNCIL, MUZAFFARGARH and 5 others
This petition for leave to appeal was filed against an order of the Lahore High Court, Multan Bench, which had directed the petitioner to continue performing functions as a Member of the Zilla Council during the pendency of a writ petition. The petitioner alleged that the respondent had fraudulently obtained this order by suppressing the fact that an earlier order by the Election Tribunal, which had declared the petitioner's election void, had already been suspended by a Judge in Chamber of the same High Court. The core legal question was whether the Supreme Court should entertain a grievance regarding the suppression of facts in the High Court proceedings before the petitioner had sought a remedy from the High Court itself. The Supreme Court declined to interfere at this stage, holding that the petitioner must first approach the High Court with an appropriate application to address the alleged suppression of facts. The Court emphasized the principle of exhaustion of remedies, directing that if such an application is filed, the High Court should dispose of it expeditiously on its merits.
- Should a party approach the High Court for relief regarding the suppression of facts in a pending matter before invoking the jurisdiction of the Supreme Court?
- Is it appropriate for the Supreme Court to entertain a grievance concerning an interim order of the High Court when the petitioner has not first sought a remedy from the High Court itself?
ORDER
' IRSHAD HASAN KHAN, J.---This petition is directed against the judgment dated 23-7-1998 passed, by the Lahore High Court, Multan Bench in C.M. No,2425 of 1998 in Writ Petition No,5496 of 1998.
2. The sole grievance of the petitioner is that the learned Judge in Chamber of the Lahore High Court vide order dated 23-6-1998 passed in Writ Petition No,5125 of 1998, suspended the order of the Election Tribunal dated 13-6-1998, whereby the election of the petitioner as Member of Zilla Council was declared void and by suppressing this fact respondent No,3 fraudulently succeeded in obtaining the impugned order from the Division Bench of the High Court, whereby the petitioner has been directed to perform the functions as Member of Zilla Council during the pendency of Writ Petition No,5416. Of 1998.
3. Be that as it may, the petitioner should, in the first instance, bring his grievance to the notice of the High Court by making an appropriate application instead of rushing to this Court. If such an application is made, we would appreciate its expeditious disposal during vacation, on merits and in accordance with law.
4. With the above observation, this petition is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.