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KLR 2016 Civil Cases 323

Murad Roos vs The Election Tribunal, etc.

CitationKLR 2016 Civil Cases 323
CourtLahore High Court
Case No.Writ Petition No, 4298 of 2014
Date2015-11-04
Judge(s)Syed Mansoor Ali Shah
ResultPetition dismissed

ORDER

' SYED MANSOOR ALI SHAH, J. --- Petitioner has impugned interim order of Election Tribunal, Punjab.

The maintainability of such-like petitions has already been settled by the judgment of this Court reported as Bilal Akbar Bhatti v. Election Tribunal, Multan and 15 others (PLD 2015 Lahore 272), as well as, of the august Supreme Court of Pakistan reported as Muhammad Raza Hayat Hiraj and others v. The Election Commission of Pakistan and others (2015 SCM R 233). In this view of the matter, instant petition is not maintainable.

2. Learned counsel for the petitioner refers to the subsequent events that have unfolded during the pendency of this petition and submits that the election petition has been transferred to another Tribunal whose constitution is not in accordance with Section 57 of the Representation of the People Act, 1976 ("ROPA").

3. I am afraid, this is a fresh cause of action and the petitioner is free to challenge the same in separate proceedings, if so advised. This petition challenges an interim order passed by the Election Tribunal and in the light of the law settled (above), this petition is not maintainable, hence, this petition is dismissed as being not maintainable.

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