Through this writ petition, the petitioner seeks annulment of the order dated 22.6.2006 whereby the learned Election Tribunal Respondent No. 1 refused to stay the proceedings of Election Petition titled "Nazir Ahmad and another versus Returning Officer and others" on the application moved by the petitioner, on the ground that Muhammad Latif petitioner with regard to the authenticity of his matriculation certificate had filed a civil suit and that till the matter was finally decided, proceedings in the Election Petition be stayed.
2. The impugned order of the learned Election Tribunal dated 22.6.2006 has been perused.
3. When questioned, as to how proceedings in the Election Petition could be legally stayed till the decision of the suit, whereas in terms of Rule 65 of the Punjab Local Government (Election) Rules, 2005 and the law declared by the Hon'ble Supreme Court of Pakistan in "Ch. Nazir Ahmad and others versus Chief Election Commissioner and four others" (PLD 2002 SC 184), all the election disputes could only be decided/resolved by Election Tribunal and that the jurisdiction of all the Courts including High Court under Article 199 of the Constitution was barred in such like matters, learned counsel had no answer except to argue that since Civil Court was a Court of plenary jurisdiction and the decree issued by the said Court was binding on the Election Tribunal, hence the learned Election Tribunal was bound to stay the proceedings. However, the learned counsel has not been able to cite any law, provision of law or case law in support of his contention. Even otherwise, the petitioner has filed the civil suit challenging the proceedings before the Disciplinary Committee of Board of Intermediate & Secondary Education, without impleading the election petitioners as party and that the interim injunction was issued by the Civil Court with the rider that matriculation certificate of the petitioner would not be cancelled illegally, however, the said order would not be applicable to. any proceedings, meaning thereby, even the Civil Court did not consider it appropriate to stay the proceedings pending before the learned Election Tribunal which are independent proceedings and the Election Tribunal has exclusive jurisdiction to determine the eligibility of a candidate to contest the election in terms of Rule 76(1)(b) of the Punjab Local Government (Election) Rules, 2005 and while exercising this jurisdiction the learned Election Tribunal has been conferred the powers of Civil Court trying a suit under Civil Procedure Code. In this view of the matter, I am satisfied that the impugned order dated 22.6.2006 passed by learned Election Tribunal Respondent No. 1 neither suffers from any illegality or irregularity nor any jurisdiction defect, calling for interference. This writ petition therefore, is dismissed in limine.