1. ' The petitioner through this Constitutional petition has challenged the order dated 11-11-1992 passed by the Election Tribunal, Union Council Kharotan Syedan, Tehsil and District Sialkot dismissing his election petition as being premature alongwith 28 others.
2. ' Facts in brief are that the petitioner as well as respondents Nos.1 and 2 were candidates for a special seat of Peasant in the Local Council Kharotan Syedan Tehsil and District Sialkot. This election was held on 16-1-1992 respondent No,1 Ghulam Nabi was declared elected. The Deputy Commissioner intimated this election to the Election Authorities through Notification dated 18-1- 1992. The petitioner filed election petition on 15-2-1992 challenging the election of respondent No,1 on the ground that he was having more than 5 acres of land and was also a registered contractor with the Local Government of the Punjab, as such was disqualified to hold this petition. Respondent No,1 filed written reply on 1-6-1992 and took up the plea that the result of the election had not been published in the official Gazette at the time of filing of the election petition, as such, the same merits dismissal as being premature. Thereupon, on 26-7-1992, Election Tribunal framed the following preliminary issue: ' Whether the petition/election petition is premature and not maintainable. The Election Tribunal through impugned judgment/order dated 11-11-1992 dismissed the election petition being premature simply on the ground that the petitioner has failed to produce Gazette Notification.
3. ' I have considered the contentions and have noticed that another W.P. No,613-93 was filed by Faqir Saeen whose election petition was dismissed alongwith other petitions through this very impugned order. The learned Judge accepted the aforesaid writ petition through his order dated 22-2-1993. It is also evident from the record that the result has been published in the official Gazette in June 1992 during the pendency of the election petition before the Election Tribunal much before framing of the aforesaid issue. It has been held in Muhammad Jamshed Ali and others v. Ghulam Mustafa and others (1983 CLC 209) that if the result of the election is published during the pendency of the election petition, then the technical ground of prematurity would not be available and the election petition cannot be dismissed on that ground. This being the position since in this case gazette notification was published during the pendency of the election petition, as such the order dated 11- 11-1992 of the Election Tribunal cannot be sustained. Accordingly the petition is accepted and impugned order is declared to have been passed without lawful authority and of no legal effect.
4. Resultantly the election petition filed by the petitioner shall be deemed pending before the Election Tribunal who will decide the same after giving full opportunity of hearing to the parties. There shall be no order as to costs in the circumstances of this case.