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Writ Petition dismissed in limine by Lahore High Court, Lahore on the subject of Level Playing Field in General Election

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Writ Petition dismissed in limine by Lahore High Court, Lahore on the subject of Level Playing Field in General Election

Islamabad 09-01-2024: The Constitutional Petition [WP No. 287 of 2024] filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calling in question order dated 22.12.2023 passed by the ECP. Mr. Justice Jawad Hassan, Honourable Judge Lahore High Court, Lahore rendered judgment on following points of determination:-

1. Whether the issue of level playing field and election process, already pending before the Supreme Court of Pakistan, can be interfered with at this stage?

2. Whether on the facts and circumstances of the case, this Court can intervene in a matter subjudice before another High Court which has already granted interim relief?

The Honourable Court observed that High Court cannot assume jurisdiction in a matter already pending before the Supreme Court. It is further observed that the said order has already been challenged before another Bench of the same Court and the judgment is reserved therein while the case is also fixed for regular hearing for 09.01.2024 before the Division Bench of the same Court. Secondly, as far as the matter with regard to implementation of the order of Single Bench of Peshawar High Court, Peshawar dated 26.12.2023 is concerned, such an order being passed by another High Court can only be implemented by that High Court and its implementation/execution cannot be agitated before this Court.

In light of the dictums laid down by the Supreme Court of Pakistan and peculiar facts and circumstances of the case especially the pendency of same proceedings before different Benches of the Peshawar High Court, Peshawar, this petition is not maintainable at this stage, hence it is dismissed in limini under the doctrine of “Limine Control” as developed by this Court in “ASIF SALEEM Versus CHAIRMAN BOG University of Lahore and others” [2019 PLD Lahore 407].