AJMAL MIAN, C.J.---This is a petition for leave to appeal against an interlocutory order passed by a learned Single Judge of the Lahore High Court on C.M. No,2 of 1998 suspending the election of Constituency NA-102, Sheikhupura, which is to be held on 11-6-1998.
2. The brief facts are that upon the murder of the then sitting M.N.A. Mahmood Akbar Khan on 14-4- 1998, the Election Commission vide notification dated 21-4-1998 issued the following schedule for the aforesaid election:-- ---Last date for filing of the nomination papers 27-4-1998 ---Scrutiny of nomination papers 28-4-1998 & 29-4- 1998 ---Last date for filing of appeals against the decision of Returning Officer4-5-1998 ----Decision of appeals up to 11-5-1998 ---Withdrawal of condidature 12-5-1998 ---Publication of revised list of candidates 13-5-1998 ---Polling day 11-6-1998 It appears that on or about 30-4-1998 the Chief Secretary, Government of the Punjab filed an application before the Chief Election Commissioner for postponement of the election on the ground that there was problem of law and order. The learned Chief Election Commissioner issued notice to all the candidates and to the officials concerned. After hearing all the parties, he by his order dated 18-5-1998 declined the above request for the following reasons:-- "The Commissioner and Home Secretary have stated that there are three groups in this contituency who will create law and order problem. It is stated that a murder had been committed.
Ten persons have been arrested and 8 are yet to be arrested. The powerful groups will create a situation which is detrimental to peace in the area. None of the persons present has supported the above contention. The candidates who are present have opposed the request for postponement of election. It has been stated by them that Local Bodies Elections are being held in this constituency (NA-102) and there is no allegation of breach of peace in this constitutency. No untowards incident has taken place. The condidates are not involved in the murder case. They further submitted, there would be no law and order problem in this constituency and they undertake to maintain peaceful atmosphere during the elections.
Election is to be held in one constituency. It is duty of the administration to maintain law and order.
The administration can easily utilise law enforcing agencies for maintaining peace in the locality.
There is no legal justification for postponement of the election. The election is to be held in accordance with the schedule already announced by the Election Commission."
3. Thereupon the Provincial Government filed Writ Petition No,9712 of 1998 on 19-5-1998 against the above order of the Chief Election Commissioner. Alongwith the above petition they filed aforementioned civil miscellaneous application on which the above interlocutory order was passed. The petitioner, who is one of the candidates, has filed the present petition against the above interlocatory order. The 'above writ petition as well as the miscellaneous application for recalling the above order of the learned Single Judge are fixed for hearing today after notice to the respondents.
4. In support of the above petition and the miscellaneous application, Mr. M. Bilal, learned counsel for the petitioner has vehemently contended that it was within the domain of the learned Chief Election Commissioner to decide as to whether the election should be held on the notified (late or not and since he had adjudicated upon the above point through his order dated 18-5-1998 after hearing all the parties concerned, the learned Judge in Chamber was not justifies in suspending the election through his above interlocutory order.
5. On the other hand Mr. Sh. Altaf Elahi, Additional Advocate-General, Punjab, who is present in this Court in response to the Court notice, has contended that there would be law and order problem if the election is held and therefore, the Provincial Government was of the view that the election may be postponed. He has further submitted that main petition of the respondent Government is pending in which the present petitioner has also filed an application for recalling of the order.
6. Generally, this Court does not interfere with the interlocutotry orders. We would not have entertained the above petition if the urgency would not have demanded so. In the present case, the election is due on 11-6-1998 whereas today is 5-6-1998, and therefore, if we would not exercise jurisdiction, this may lead to certain complications. In this regard reference may be made to the recent judgments of this Court in the cases of Islamic Republic of Pakistan through Secretary, Establishment Division, Islamabad and others v. Muhammad Zaman Khan and others (1997 SCM R 1508), Habib Bank Ltd. And others v. Syed Ziaul-Ilassan Kazmi (1988 SCM R 60) and United Bank Ltd.
And others v. Ahsan Akhtar and others (1998 SCM R 68). In all the above cases, this Court interfered with the interlocutory order because the dictates of justice so demanded.
7. We are of the view that the learned Judge in Chamber was not justified in suspending the election after the above order of the learned Chief Election Commissioner dated 18-5-1998 wherein he has dealt with the question of law and order problem also. All the candidates have shown interest and stated that they would like to have the election held on the due date. They also pointed out that there was no law and order situation when the local bodies elections were were held in the same constituency and there were 100 candidates and not one.
8. We would, therefore, convert the above petition into appeal, allow the same and set aside the above order of the High Court.