Law:

Section:

Representation of the People Act (LXXXV of 1976)-------S. 67---Constitution of Pakistan (1973), Art. 199---Interim order of Election Tribunal for recounting of votes---Validity---Impugned order being interlocutory one and within jurisdiction of Election Tribunal who had yet to pass final order in Election petitions; such final order which would include interlocutory order and would be subject to incidence of appeal before Supreme Court in terms of S. 67, Representation of the People Act, 1976--­Constitutional petition against interim order. of Election Tribunal would not be maintainable in circumstances. Kanwar Ijaz Ali v. Irshad Ali PLD 1986 SC 483; Ijaz Shafi v. Ali Ashraf Shah PLD 1994 SC 867; Mahmood Azam Faruqui v. Maulana Muhammad Shafi 1974 SCMR 471; Mian Zahid Sarfraz v. Raja Nadir Pervaiz 1987 SCMR 1107; Habibul Wahab Alkhairi v. Sheikh Rashid Ahmad PLD 1989 C 760; Bhagwandas v. The Returning Officer 1990 SCMR 1228 and Sabir Shah v. Election Commission of Pakistan PLD 1994 Lah. 516 ref. Haji Muhammad Asghar v. Malik Shah Muhammad Awan PLD 198 SC 542 rel. ORDER SHARIF HUSSAIN BOKHARI, J.---This order shall dispose of W.Ps. 12770 and 12771 of 1994 as both are directed against the interlocutory order dated 9-8-1994, passed by the learned Election Tribunal, Punjab of Mr. Justice Ihsanul Haq Chaudhary, in Election Petitions Nos. 85 and 86 of 1993, wherein the election, as returned candidate, of Dr. Sheela B. Charles, had been challenged. 2. The brief facts are that the petitioner and respondent No. 2 herein and a few others contested the general elections held on 9-10-1993 for the five seats of Punjab Provincial Assembly, reserved for Christian community. Ch. Fateh Jang (respondent No. 2 in W.P. No. 12770 of 1994) filed Election Petition No.85 whereas Qaisar Ifraeem Saroya (respondent No. 2 in W.P. No. 12771 of 1994) filed Election Petition No. 86 of 1993, both against the present petitioner. 3. The notification declaring the present petitioner and four others as returned candidates was issued on 18-10-1993, but in both the afore-noted Election Petitions only the election of Dr. Sheela B. Charles, the present petitioner, has been challenged. The election…

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