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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD TAYYAB TAHIR and another VS Respondent: MUHAMMAD KHALID SARDAR and others
Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Muhammad Arif Title:MUHAMMAD TAYYAB TAHIR and another vs MUHAMMAD KHALID SARDAR and
others Case No.:Civil Petitions Nos.1061-L and 1062-L of 1998 Civil Miscellaneous No,1 of 1998 Writ Petitions Nos.13251 of 1998 and 13252 of 1998 Date of Judgment:1998-06-29 Reported As: 1999 SCMR 1126 Result: Order accordingly Judgment 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.