1990 PLP 841 (SCMR)

NASIM HASAN SHAH, J.

This petition is directed against the interlocutory order passed by the High Court while admitting the writ petition filed by the petitioner to a regular hearing but refusing to grant interim relief in the terms desired by the petitioner. The relevant facts briefly are that the petitioner was elected as a Mcmber of the Municipal Committee Ward No.4 Mianwali in the election held on 30-11-1987. After this election he successfully contested the election of the Chairman of the. Municipal Committee held on 4-1-1988. In this election, Saajid Khan Niazi, respondent No.3 herein, was his contestant. The aforesaid Saajid Khan Niazi having lost the election submitted an application under section 24 of the Punjab Local Government Ordinance, 1979 read with Punjab Local Councils Election Petition Rules, 1979, for declaring the election of the petitioner held on 4-1-1988 as null and void on the ground that he was less than 25 years of age. The petition succeeded and it was held that the petitioner had not attained the age of 25 years both on the last date for filing of nomination papers for, the seat of a Councillor as also that for the Chairman, Municipal Committee; accordingly, he could not participate in any of the elections at the relevant time. As a result, the petitioner herein was found disqualified both to be a Councilor as well as Chairman of the Municipal Committee. Accordingly, he was deseated from the office of the Member and Chairman Municipal Committee Mianwali and fresh elections for the office of the Member of Ward No.4 and Chairman of the Municipal Committee, Mianwali were ordered. This determination was challenged by a writ petition in the Lahore High Court (W.P.No.1203 of 1989) which was admitted to a regular hearing with the following observations:- "Inter alia contends that Saajid Khan Niazi respondent No.3 had no locus standi to challenge the election of the petitioner as a Member of the Local Council and, therefore, learned Election Tribunal had no authority to unseat the petitioner from the office of the Councillor. Admit. Notice." So far as the prayer for interim relief was concerned it was ordered that "the operation of the impugned order of the Election Tribunal in so far as it unseated the petitioner from the membership of the Municipal Committee, be suspended". Mian Abdus Sattar Najam, learned counsel for the petitioner, has argued, in support of this petition, that the stay order granted by the High Court can result in an anomalous situation viz. that in so far as the petitioner is allowed to continue as a Member of the Local Council he can again contest the elections of the Chairman to be held by the Election Authority because his election as a Member of the Local Council has not been suspended and he could, again get elected. But the real situation appears to be that the deseating of the petitioner as a Member of the Local Council was suspended because there was prima facie force in the submission that without the respondent's filing any election petition against his election as Member of the Municipal Committee, more so when the latter had no locus standi vis-a-vis the said election, the petitioner could not have been deseated from the said office but the prima facie acceptance of this plea did not imply that the finding to the effect that the petitioner was less than 25 years of age, was regarded as suffering from any infirmity. Be that as it may the most appropriate course appears to be that the learned High Court might give priority to this petition and try to dispose it of within two months, if possible. With these observations this petition stands disposed of. AA./A-636/S Order accordingly.