1989 PLP 1243 (SCMR)

ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Lahore High Court dated 13‑12‑1987 whereby a Constitution Petition filed by petitioner was dismissed and thereby the order of Punjab Local Councils Election Authority dated 29‑11‑1987 directing inclusion of the name of respondent‑2 Atta Muhammad in the list of validly nominated candidates for Election to Town Committee Isa Khel from Ward No.9 was upheld. The facts of the case briefly stated are that petitioner and Atta Muhammad respondent No.2 filed nomination papers for the election to membership of the Town Committee from the aforesaid Ward, and the Returning Officer whereas accepted petitioner's nomination paper, he rejected the one of respondent No.2 by the order dated 12‑11‑1987 on the ground of Statutory Disqualification. Respondent No.2 filed an appeal against this order which was however dismissed by the Appellate Authority on 16‑11‑1987. Respondent No.2 thereafter filed a petition before the Punjab Local Councils Election Authority which came up for hearing before the Chairman, and he, by the order dated 29‑11‑1987, directed the inclusion of respondent No.2's name in the list of validly nominated candidates. It is stated that since the Election was scheduled for 30‑11‑1987, petitioner requested the Returning Officer for postponement of the election on the ground that he had no time for canvassing to the voters. In the application, he further mentioned that he was boycotting the election subject to his right to challenge it. However, petitioner filed a Constitution Petition seeking to challenge the order of the Punjab Local Councils Election Authority dated 29‑11‑1987. In support of the petition it was submitted on behalf of the petitioner that since he had been declared as returned candidate before the impugned order dated 29‑11‑1987 was passed, his election could only he challenged in an election petition, and the Provincial Election Authority had no jurisdiction to pass the impugned order accepting the nomination paper of respondent No.2. This plea was rejected by the High Court, and the petition was dismissed by the impugned judgment. In support of this petition for leave to appeal from the judgment of the High Court Ch. Akhtar Ali, Advocate‑on‑Record for the petitioner however submits that since the nomination paper of respondent No.2 was directed to be included by the order of the Provincial Election Authority dated 29‑11‑1987, just one day before the date of the election, petitioner's request for postponement of the election was legitimate, and should not have been rejected. The above plea was not even raised before the High Court, and on being questioned as to the proof of the filing of the alleged application made by the petitioner for postponement of the election, learned counsel candidly conceded that he has none. In the circumstances that from the record before us does not even support the assertion that the petitioner had requested the Returning Officer for the postponement of the election and that such a plea was not even raised before the High Court and apart from the question whether refusal of the request would attract interference by the High Court in its Constitutional jurisdiction, we do not see how it is legitimate for this Court to interfere in this case. The petition is, therefore, dismissed. A.A./K‑99/S Petition dismissed.