MAHMUD HUSSAIN Vs. SAYEB ALI

JUDGEMENT

(1.) Can the Election Tribunal constituted under Ordinance 51 of 1983 issue an order of injunction either under Order 39, rule 1 or section 151 of the Civil Procedure Code? This is the main question before this court in this rule. Other questions that incidentally arise are whether this court can interfere with the order of Election Tribunal in exercise of its Revisional Jurisdiction and whether it is proper for this court to interfere with the discretionary order of the Election Tribunal.

(2.) The following circumstances gave rise to this rule.

(3.) Being aggrieved by this order rejecting the prayer for temporary injunction the petitioner has obtained this rule. The opposite party No. 1 opposed the rule by filing an affidavit in opposition.