' This single order will dispose writ petition Writ Petition No,638 of 2008 titled Shazam Imran Khan v.
Chief Election Commission, Islamabad, Pakistan and others and Writ Petition No,639 of 2008 titled Nawabzada Mansoor Ahmad Khan v. Chief Election Commission., Islamabad, Pakistan.
2. The question raised in these petitions were urged before a Division Bench of this Court in the case titled Nawabzada Iftikhar Ahmad Babar v. Chief Election Commission, Islamabad, Pakistan (Writ Petition No,607 of 2008). The grounds urged in these petitions are identical to the above case and have been answered by this Court as under:-- "Another opportunity was available to the petitioner, to approach the tribunal in appeal. The petitioner has not availed the remedy, available under law. The failure of the petitioner to file appeal against the acceptance of nomination papers of respondent No,6 for various reasons is fatal and the same is not open to exemption in the constitution petition, at this belated stage.
Firstly, candidature of respondent No,6 is not a secret matter, Secondly, objection to nomination and appeal against acceptance of nomination papers, is commonly known to every one. Specially to those who are interested in the nomination of the candidate. Thirdly, the process of election, like scrutiny of nomination has to be completed within a time framed. Fourthly, remedy of appeal before the Tribunal is more adequate and convenient, if judged with reference to time, speed and convenience of obtaining relief, comparing it with that of invoking the constitutional jurisdiction of this Court. And lastly that law (Act LXXXV of 1976) has provided a procedure. Interference in constitutional jurisdiction will render the whole process of scrutiny and nomination of a candidate, as an exercise in futility.