| Case ID |
006de978-4e60-4c51-871e-3ae26c778432 |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Aug 25, 1993 |
| Hearing Date |
Aug 25, 1993 |
| Decision |
The Election Commission of Pakistan dismissed the References filed by Syed Qaim Ali Shah against the respondents, concluding that even if the case of defection was established, the disqualification would only apply for the unexpired period of their term in the Provincial Assembly. The Commission recognized that the public interest does not warrant a futile exercise if the members are not barred from seeking re-election at a bye-election. Therefore, all References were dismissed and the parties were instructed to bear their own costs. |
| Summary |
In the case concerning the Election Commission of Pakistan, the focus was on the disqualification of members of the Provincial Assembly under the Political Parties Act of 1962 due to defection. The case involved references filed by Syed Qaim Ali Shah against three members, alleging defection and seeking declarations of their disqualification. The court emphasized that while disqualification could be established, it would only apply for the remaining period of their terms, and they could still participate in future elections. This ruling underscores the importance of maintaining public interest without engaging in unnecessary judicial proceedings. The decision reflects the legal framework governing political party affiliation and the implications of defection on legislative membership. The case highlights the balance between enforcing political accountability and allowing democratic participation through re-elections. |
| Court |
Election Commission of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE (RETD.) NAIMUDDIN,
JUSTICES SH. RIAZ AHMAD,
MUHAMMAD BASHIR KHAN
|
| Lawyers |
Mr. Muhammad Ali Sayed,
Mr. Iqbal Haider
|
| Petitioners |
Syed Qaim Ali Shah
|
| Respondents |
Qubool Muhammad Shah,
Muhammad Hanif Soldier,
Sahib Dino Gaho
|
| Citations |
1993 SLD 1067,
1993 CLC 2396
|
| Other Citations |
Not available
|
| Laws Involved |
Political Parties Act, 1962
|
| Sections |
8-B
|