IHSAN-UL-HAQ CHAUDHRY, J. -- The Petitioner through this Constitutional petition has prayed for transfer of Election Petition No. 16 of 1998 pending adjudication before respondent No. 5 to some other Election Tribunal.
2. The learned counsel for the petitioner argued that the respondent No. 5 has passed a number of orders which create genuine apprehension in the mind of the petitioner that he will not get fair and impartial trial of the election petition. It is added that respondent No. 1 earlier moved an application for suspension of the notification of election of the petitioner but the same was dismissed vide order dated 5th of October, 1998 by a well-considered and detailed judgment but subsequently another petition was filed and the respondent No. 5 proceeded to issue notice to the petitioner. It is added that the petitioner moved respondent No. 6 for the transfer of the Election Petition but the same has dismissed vide order dated 10th of November, 1998, which is no order in the eyes of law.
3. We have given our anxious consideration to the arguments and gone to the record. There is nothing on record to indicate that the respondent No. 5 is not proceeding impartially or he has inclination towards the respondent No. 1. The arguments that the stay application was earlier dismissed and now again notice has been issued in the fresh application. Suffice it is to observe that the respondent No. 5 dismissed the earlier application already by detailed order dated 5th of October, 1998 and he has to justify his order to be passed on the fresh application for stay.
4. The learned counsel for the petitioner argued that there are lot of complaints and a number of transfer applications against the respondent No.
5. It is alleged that he does not enjoy confidence of the people. Suffice it is to observe here that respondent No. 5 shall jealously guard his reputation.
5. In the circumstances, the petitioner has failed to make a case in the Constitutional jurisdiction for interference therefore, the petition is dismissed, in limine.