The writ petition is directed against order, dated 16th of December, 1998, whereby recounting has been ordered in the election petition filed by the respondent No,2 against the petitioner, who is the returned candidate. It is argued that the petitioner has no objection to the recount but that should be in respect of all the candidates including the petitioner.
2. On the other hand, the learned Addl. A.-G. has pointed out that the petitioner earlier filed Writ Petition No,24348 of 1998 which was dismissed by this Court vide order, dated 27th of November, 1998. It is added that this was directed against order, dated 20th of November, 1998. This way the petitioner is guilty of suppression of facts and second petition cannot be maintained.
3. I have given my anxious consideration to the arguments and gone through the record. The Tribunal vide order, dated 9th of December, 1998, impugned in this petition, posted the matter for hearing the arguments on the objections raised, therefore, it is no order. This remains an interim order and the Legislature in its own wisdom has not provided an appeal against such order. The spirit of law cannot be allowed to be repeated by entertaining Constitutional petitions against the interim orders because if that is done, it would be difficult to decide any petition.
4. In this view of the matter this petition is dismissed.