Law:

Section:

Constitution of Pakistan (1973)-------Arts. 185(3) & 199---Interim relief had been granted by the Bench of High Court despite the fact that vide an earlier order, a larger Bench of the High Court had declined to grant the same interim relief to the party---Validity---Held, there was no distinction between the prayer pertaining to the interim relief to all intents and purposes---Once the larger Bench of the High Court had declined to grant relief the only remedy available to the aggrieved party was either of review of the order subject to maintainability of petition or to approach the Supreme Court if they had a case falling within the mischief of Art.185(3) of the Constitution, or of separate request by filing a separate application for interim relief on fresh grounds---Principles. 1997 SCMR 1473 and 1994 SCMR 1764 ref. Malik Muhammad Qayyum, Advocate Supreme Court with Arshad Ali Chaudhry, Advocate-on-Record for Petitioners. Muhammad Younus Tanoli, A.-G. N.-W.F.P. along with Muhammad Saeed, Addl. A.-G. (On Court's Notice). Barrister Masood Kausar, Advocate Supreme Court for Respondents (Res.4 in C.P. No. 146/2006 & Res.5 in C.Ps. 147/149/2006) Date of hearing: 21st March, 2006. ORDER IFTIKHAR MUHAMAMD CHAUDHRY, C.J.---Petitioners seek leave to appeal from the order dated 1st March, 2006 whereby interim relief has been granted to the respondents despite the fact that vide earlier order 28th December, 2005, a larger Bench had declined to grant interim relief to them. Relevant para. from the impugned judgment is reproduced herein below:-- "The contentious question of law involved in this petition, as was vehemently argued by the learned counsel for the petitioners, is as to whether the Tribunal through the impugned judgment after disqualifying the present petitioners could declare respondents 4 and 5 as returned candidates or fresh election should have been ordered to be held. As this law point requires deliberation from all legal angles with reference to the case law on the subject, therefore, this petition is admitted to full hearing. The respondents may file written statements before the date of hearing. Be listed within one month. Interim relief.-As…

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