Law:

Section:

Constitution of Pakistan (1973)--- ----Art. 185(3)---Election dispute---Constitutional jurisdiction of Supreme Court---Interim relief, grant of---Principle---High Court in exercise of Constitutional jurisdiction ordered for fresh polling--­-Petitioners assailed the order of High Court and had sought suspension of the same---Validity---Grant of interim relief as prayed for would amount to grant of main relief claimed in the main petitions---Supreme Court refrained from passing such order so that it might not be taken as an expression of opinion on merits which might ultimately prejudice any of the parties while deciding the main petition---Supreme Court observed that as no restraint order had been passed in the petition, therefore, Election Commission was not in any manner barred for holding the election as directed by High Court---Applications were disposed of accordingly. ORDER By this common order, I propose to dispose of Civil Miscellaneous Applications in all these petitions for interim order. 2. Ch. Abdul Jabbar, -Petitioner in Civil Petition No. 2546-L of 2002 and Criminal Petition 589-L of 2002 has prayed for interim order for suspension of order, dated 2-7-2002 passed by a learned Judge of the Lahore High Court in contempt application through which it was clarified that the judgment passed in the Constitutional petition did have the effect of setting aside the election of Nazim and Naib Nazim when it was ordered that fresh polling shall take place in Polling Station No.9 of Union Council No.34, for repolling could not be ordered unless the election was first set aside though it was not so mentioned in the main judgment: 3. Fazal Elahi Butt whose panel was…

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