ABDUL SHAKOOR, J.---Muhammad Iqbal and four others, petitioners, have invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 by praying that:- "On acceptance of this Writ Petition, the Honourable Court may very magnanimously hold, declare and order that:
(I) The impugned Show-cause Notices dated 22.06.2017, declaration of defection dated 03.07.2017 issued by the respondent No,3 under Section 78-A of LGA, 2013 and proceedings initiated by respondents consequent thereto are illegal, unlawful, without lawful authority and void ab-initio in light of the memorandum and judgment delivered by this Honourable Court.
(H) Any act(s) done by the respondents consequent to Show-Cause Notices, Declaration of Defection and proceedings consequent thereto be declared null and void and thus to be of no legal effect.
(HI) Any other relief, in the interest of justice and if deems fit and appropriate.
2. Precisely the grievance of petitioners is that the learned Election Commission of Pakistan in view of the judgment of this Court dated 07.06.2017 passed in W.P. No,526-P/2017 titled as Maulana Niaz Muhammad Khan v. Government of KPK and others is having no jurisdiction to proceed with the reference filed against of them by respondent No,3 namely Mulana Gul Naseeb Khan, Ameer Jamiat Ulama-E-Islam, Khyber Pakhtunkhwa.
3. We have heard the learned counsel for petitioner in motion and perused the available record.
4. Perusal of record reveals that the Worthy Election Commission of Pakistan has already taken the cognizance of the reference sent by respondent No,3 against the petitioners on account of their alleged defection. In this view of the matter this Court does not deem it proper and just to interfere in the case which is already subjudice before the Election Commission of Pakistan. The interference in such matter on the part of this Court would be pre-empting the authority of worthy Election Commission of Pakistan, which is not permissible under the well settled principle of law.
5. In the light of the above this Court is of the considered view that the present petition is pre- mature, as such, at the moment it cannot be entertained for its disposal on merit or otherwise.
Thus, it is dismissed with the observation that petitioners can approach this Court if they aggrieved from the decision of the Election Commission of Pakistan.