MUHAMMAD TAYYAB TAHIR and another vs MUHAMMAD KHALID SARDAR and others
This matter concerns civil petitions for leave to appeal against an interim order passed by the High Court in a constitutional petition arising from an election dispute for the Town Committee of Pir Mahal. The core legal question was whether the Supreme Court should interfere with an interim order of the High Court that suspended the directions of an Election Tribunal regarding the production of election records. The Supreme Court declined to interfere, holding that it is ordinarily reluctant to intervene in interim orders of the High Court unless exceptional circumstances exist. The Court emphasized that the petitioner retains the liberty to raise all relevant arguments before the High Court in the pending writ petition. Consequently, the petitions were dismissed, and leave to appeal was refused. The Court further directed that, given the nature of the election dispute, the High Court should expedite the disposal of the writ petition, noting that parties could apply to the Chief Justice for an early hearing during the court's vacation period.
- Is the Supreme Court inclined to interfere with interim orders passed by the High Court in pending constitutional petitions?
- Can a petitioner agitate points raised in a Supreme Court petition before the High Court during the pendency of a writ petition?
- Does the Supreme Court have the authority to direct the High Court to expedite the disposal of an election-related writ petition?
ORDER
' IRSHAD HASAN KHAN, J.---Through this common order we propose to dispose of Civil Petitions Nos.1061-L and 1062-L of 1998.
2. The dispute herein relates to election of Member of the Town Committee Pir Mahal, Tehsil Kamalia, District Toba Tek Singh. Respondent No,1 has been declared to have been elected as Member of the said Town Committee. Election Petition against the said declaration is pending before the Election Tribunal. The respondent No,1 herein filed a Constitutional petition before the High Court which is still pending. During the pendency of the Writ Petition, the learned Judge in Chambers vide order, dated 3-7-1998 suspended the order of the Election Tribunal, dated 29-6- 1998 whereby directions were issued to the Returning Officer, Kamalia to make the necessary arrangement for the production of record in proper guard and custody on 4-7-1998.
3. Be that as it may, it is well-settled that this Court is, ordinarily, reluctant to interfere with interim orders except in exceptional circumstances. The petitioner is at liberty to agitate all points sought to be agitated in this petition before the High Court.
4. In view of the above, we find no force in these petitions which are hereby dismissed and leave declined. We, however, have no doubt that this being an election matter the High Court shall dispose of the writ petition as expeditiously as possible. The parties, if so desire, may move an application before the Chief Justice for hearing the matter during the vacation.