Law: Constitution of Pakistan, 1973

Section: 5(2) , 9

Punjab Local Councils (Election Petitions) Rules, 1979--- ----Rr. 5(2) & 9---Constitution of Pakistan (1973), Art.199---Constitutional petition---Competency---Disposal of miscellaneous applications during pendency of Election petition---Petitioner's application before Election Tribunal seeking dismissal of Election petition filed against him on the ground that respondent having sought more than one reliefs in such petition same merited dismissal, was dismissed---Subsequently petitioner's other application based upon premises that reliefs claimed by respondent being more than one, separate security should have been deposited by him in respect of every relief, was also rejected---Validity---Orders passed by Election Tribunal on ,applications of petitioner during pendency of Election petition did not have the effect of disposing of the whole case---No interference was called for in impugned orders in exercise of discretionary Constitutional jurisdiction at the stage when Election petition was still pending adjudication---Petitioner could, however, if so advised, challenge impugned orders alongwith final order if it went against him---Contention of petitioner that respondent having sought more reliefs than one, his Election petition was liable to dismissal had no force---Rule 9, Punjab Local Councils (Election Petitions) Rules, 1979, being not absolute but discretionary in nature, if there was any violation of R.5(2) of the Rules viz. (seeking more reliefs than one in Election petition) Election Tribunal was not obliged to dismiss election petition---In one Election petition even if more reliefs have been sought, one security was required to be deposited---Constitutional petition against impugned orders of Court was not maintainable in circumstances. MA. Ghani Chaudhry for Petitioner. ORDER The petitioner and respondent No.l were candidates from Electoral Unit No.88 for councillorship of Lahore Metropolitan Corporation. The petitioner was declared successful and his election has been challenged by respondent No.l by filing an election petition under section 24 of the Punjab Local Government Ordinance, 1979 read with Punjab Local Councils (Election…