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1987 MLD 3058

Syed INTIZ AR HUSSAIN MEHDI vs RETURNING OFFICER and others

Citation1987 MLD 3058
CourtLahore High Court
Case No.Writ Petition No,5558 of 1987
Date1987-12-06
Judge(s)Zia Mahmood Mirza, Fazal-e-Mahmood
ResultPetition dismissed

ORDER

' He wants this Court to entertain the petition on the grounds which can precisely form subject- matter of the election petition before the' Election Tribunals which have been constituted throughout the province.

2. Learned counsel wishes us to call for a' report from the respondents-and in case the report contains some concession, to take advantage of the same in his election petition. We are not going to be a party for manufacturing of evidence or procure obliging concessions from the statutory functionaries.

3. It is enough that the petitioner has an adequate alternative remedy provided by the statute which is also backed by the provisions of section 24 of the Punjab Local Government Ordinance, 1979. Section 24 lays down that no election shall be called in question except by way of election petition. There are no exceptional circumstances o this case to warrant a different course. The allegation is primarily o illegal and corrupt practice. Learned counsel does not enter into cavil with us on the point that an the allegations levelled by him ar A available to him for the purpose of election petition. The anxiety o the counsel for the petitioner for early disposal of the election petitio can well be canvassed before the appropriate tribunal which I otherwise duty bound to decide it expeditiously.

4. In view of what has been stated above, this is not a fit case for interference at the present stage.

The writ petition fails and is hereby dismissed in limine subject to observation made above.

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