1999SCMR1126 (PLP)
MUHAMMAD TAYYAB TAHIR and another — Petitioners Versus MUHAMMAD KHALID SARDAR and others — Respondents
| Citation | 1999SCMR1126 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | MUHAMMAD TAYYAB TAHIR and another — Petitioners Versus MUHAMMAD KHALID SARDAR and others — Respondents |
| Primary Law | Punjab Local Government Ordinance (VI of 1979) |
Q1: What are the key laws and sections cited in 1999SCMR1126 (PLP)?
This judgment primarily cites: Punjab Local Government Ordinance (VI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR1126 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR1126 (PLP) (MUHAMMAD TAYYAB TAHIR and another — Petitioners Versus MUHAMMAD KHALID SARDAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Abul Aasim Jaferi, Advocate-on-Record for Petitioners.
- Muhammad Mohy-ud-Din Kazi, Advocate Supreme Count and Tanvir Ahmed, Advocate-on-Record (absent) for Respondents.
- Date of hearing: 29th July, 1998.
Headnotes / Summary
(On appeal from the order, dated 3-7-1998 passed by the Lahore High Court, Lahore in Civil Miscellaneous No. l of 1998 in Writ Petitions Nos. 13251 of 1998 and 13252 of 1998).
S.24
Constitution of Pakistan (1973), Arts. 185 & 199
Interim order passed by High Court under Art. 199 of the Constitution
Pending Constitutional petition, High Court suspended order of Election Tribunal whereby directions were issued- to Returning Officer to make necessary arrangement for production of record in proper guard and custody
Petitioner challenged interim order of High Court in petition for leave to appeal before Supreme Court
Supreme Court, ordinarily, would not interfere with such interim order of High Court except in exceptional circumstances
Petition for leave to appeal was dismissed in circumstances.
Judgment & Decree
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 Kamaha, 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. l 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. H.B.T./M-237/S Order accordingly.