Law:

Section:

(a) Representation of the People Act (LXXXV of 1976)-------Ss. 64 & 76-A---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l, 2 & S. 151---Application for grant of interim stay order that returned candidate to National Assembly be restrained to act as Member National Assembly till election petition's final adjudication---Election Tribunal pending final disposal of election petition could grant such interim relief as it might think fit---Interim relief, however, could be refused and 'declined even if petitioner had prima facie case, of course, keeping in view balance of convenience and irreparable loss, which respondent was likely to suffer in such. situation---Interest of justice would not be served by granting interim relief,. for same would not only cause great inconvenience and irreparable loss to respondent but tantamount to granting relief prayed in main petition itself before conclusion of regular trial--­Allegations, howsoever, grave were allegations simpliciter and could not be treated as gospel truth at the very inception---No valid ground was, thus, pointed out to' grant desired relief to applicant---Interim relief was refused in circumstances. Ehsanul Haq Piracha v. (Brig. Retd.) Ghulam Hussain Cheema and others 1995 CLC 382; Haji Mian Aziz-ur-Rehman Chan v. Mian Abbas Sharif and another 1994 MLD 2293; Sh. Rashid Ahmad v. The Election Tribunal comprising Mr. Justice Mian Nazir Akhtar of Lahore High Court, Lahore and another PLD 1993 Lah. 791; Julius Salik v. Returning Officer and 27 others 1989 CLC 2499; Jam Mashooq Ali v. Shahnawaz Junejo 1996 SCMR 426; Dr. Sheela B. Charles v. Qaisar Ifraeem Soraya and another 1996 SCMR 1455; Lachman Das v. Servanand and 66 others 1995 SCMR 435; Tariq Mehmood Bajwa v. Muhamamd Afzal Sahi and others 1994 CLC 1366; Ihsanul Haq v. Dr. Saddiqe Hussain and another 1995 CLC 382; Ch. Fateh Jang v. Dr. Sheela B. Charles 1995 CLC 923; Muhammad Saeed and 4 others v. Election Petitions Tribunal West Pakistan and 3 others PLD 1957 SC (Pak.) 91; Mian Ejaz Shafi v. Syed Ali Ashraf Shah and 12 others PLD 1994 SC 867; Haji Muhammad Asghar v. Malik Shah Muhammad Awan and another PLD 1986 SC 542; Brig. H.H. Nawab Muhammad…

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