Sheikh QAMARUDDIN vs DISTRICT JUDGE/ELECTION COURT
This petition for leave to appeal arises out of an order passed by the Lahore High Court upholding the decision of the Election Tribunal, which had dismissed the petitioner's objections regarding the competency of an election petition. The core legal question was whether an election petition filed before the official notification and gazetting of the election result is competent and maintainable. The Supreme Court held that while the petitioner might be technically correct that the petition was filed prior to the Gazette notification, the subsequent gazetting of the election result cures the technical defect, allowing the election petition to proceed. The Court refused to grant leave to appeal, establishing that an election petition prematurely filed before the notification of the result can be proceeded with once the result is duly gazetted.
- Is an election petition filed before the notification and gazetting of the election result competent?
- Can a prematurely filed election petition proceed if the election result is subsequently gazetted?
ORDER
' AJMAL MIAN, C.J.---This petition for leave to appeal is directed against Order dated 14-10-1998 passed by learned Single Judge of the Lahore High Court, Multan Bench, Multan, in Writ Petition No,6088 of 1998 filed by. The present petitioner against the order dated 4-6-1998 of the Election Tribunal overruling the petitioner's objections to the election petition filed by the respondent to the effect that since the result was not notified and gazetted by that time the election petition was filed and the same was not competent, dismissing the same in limine. The petitioner has, therefore, filed present petition for leave to appeal.
2. It seems that the respondent filed above election petition on 25-5-1998 whereas the election in question, in which the petitioner was declared successful, was not notified and gazetted.
Technically petitioner may be right but since the election result has already been gazetted, the petition though filed before Gazette notification can be proceeded with. In our view it is not a fit case for grant of leave. Leave is accordingly refused.