' By this common order, I propose to dispose of Civil Miscellaneous Applications in all these petitions for interim order.
2. Ch. Abdul Jabbar, petitioner in Civil Petition No, 2546-L of 2002 and Criminal Petition 589-L of 2002 has prayed for interim order for suspension of order, dated 2-7-2002 passed by a learned Judge of the Lahore High Court in contempt applicatidn through which it was clarified that the judgment passed in the Constitutional petition did have the effect of setting aside the election of Nazim and Naib Nazim when it was ordered that fresh polling shall take place in Polling Station No,9 of Union Council No,34, for repolling could not be ordered unless the election was first set aside though it was not so mentioned in the main judgment.
3. Fazal Elahi Butt whose panel was declared as elected in the original counting after the poll has filed Civil Petition No,2430-L of 2002 against the judgment of the High Court passed in the Constitutional petition ordering fresh poll in Polling Station No,9 of the said Union Council.
4. In case, the interim relief is granted as prayed for in all these petitions, it would amount to grant of main relief claimed in the main petitions, therefore, I would refrain from passing such order so that it may not be taken as an impression of opinion on merits which may not ultimately prejudice any of the parties while deciding the main petition.
5. Learned counsel for Ch. Abdul Jabbar stated that in spite of the fact that the judgment of the High Court was passed on 4-6-2002 for repolling in Polling Station No,9 but no steps have been taken for holding the election as an impression is being given to the Election Commission that during the pendency of these petitions, election should not be held.
6. No restraint order has been passed in these petitions, therefore, Election Commission is not in any manner barred for holding the election as directed by the High Court through the impugned judgment, dated 4-6-2002 passed in W.P. No,5397 of 2002, therefore, the election in pursuance of the said judgment shall be held forthwith.
7. With this clarification, all these Civil Miscellaneous Applications are disposed of.