' The petitioner has filed this writ petition with the following prayer:-- ' "It is, therefore, respectfully prayed that the order dated 15-9-2002 passed by the Returning Officer respondent No,1 may kindly be set aside and the symbol allotted to respondent No,2 (i,e, book) may be withdrawn and same may be allotted to the petitioner as the petitioner is eligible candidate of Muthida Majlis-e-Amal and holds valid ticket of Jamiat-e-Ulmai Islam Maulana Samiul Haq Group, in the interest of justice."
2. The learned counsel of the petitioner submits that petitioner is a candidate for National Assembly from N.A.139 Kasur and is active Member of Jamiat-e-Ulami Islam Samiul Haq Group and was also granted ticket for N.A. 139 by Majlis-e-Aamal Pakistan on 10-9-2002 as is evident from Annexure A and Press Clippings Annexure A/1. The petitioner appeared before respondent No,1 for allotment of symbol and the petitioner was told that respondent No,2 who is member of Jamiate Islam submitted ticket issued by Muthida Majlis-e-Aamal Pakistan as is evident from Annexure B. The petitioner contacted the Provincial and Central command of Muthida Majlis-e-Aamal Samiul Haq Groups's Markazi Amir Maulana Bashir Ahmad Shah, Provincial Amir Maulana Abdur Rauf Farooq, General Secretary, Maulana Naeem Ahmad Farooqi, Provincial Naib-Amir, Maulana Hassan Naser who assured the petitioner that his ticket is intact and genuine and is valid and has not been cancelled by Majlis. He Wither submits that ,respondent No,2 produced a bogus ticket of the Muthida Majlis Aamal. The petitioner approached the Returning Officer on the same day about 9- 20 p.m. In his office and produced the Fax copy issued by one Azhar Iqbal Hassan, Member Council Mothiddah Majlis-e-Aml, Punjab which shows that Abdul Karim is not the candidate of party which was rejected by the Returning Officer on the ground that he had allocated the symbol to respondent No,2. He further submits that impugned order is not sustainable in the eyes of law.
3. I have given my anxious consideration to the contentions of the learned counsel of the petitioner and perused the record myself.
4. The matter pertains to the election and the election schedule had already been issued. This Court has no jurisdiction to take the cognizance of the matter in view of the bar contained in Article 225 of the Constitution, and the law laid down by the Honourable Supreme Court in the following judgments:-- ' Ch. Nazir Ahmad and others v. Chief Election Commissioner and others PLD 2002 SC 184 and Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396.
' I may add that the letter and intent of law i,e, Article 225 is explicit i,e, not to brook and obstructional spoke in the way of an election which may have the effect of hampering it. It is pertinent to mention here that the superior Courts of India have also taken the same view as our own Supreme Court in the aforesaid judgments as per principle laid down by the Indian Supreme Court in the case of N.P. Ponnuswa mi v. Returning Officer, Namakkal AIR 1952 SC 64. The relevant observation is as follows:-- ' "Having regard to the important functions which the Legislatures have to perform in democratic countries, it has always been recognized to be a matter of first importance that elections should be concluded as early as possible according to time schedule and all controversial matters and all disputes arising out of elections should be postponed till after the elections are over, so that the election proceedings may not be unduly retarded or protracted."
'The aforesaid observations were noted with approval in Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman AIR 1985 SC 1233.
6. In view of what has been discussed above, this writ petition is not maintainable and the same is dismissed.