| Case ID |
03cfa285-ec74-466c-818d-8e02dfd242d6 |
| Body |
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| Case Number |
Civil Appeals Nos. 407 to 412 of 1999 |
| Decision Date |
Jun 11, 1999 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the Chief Election Commissioner has the jurisdiction to determine whether a person forwarding a reference regarding defection is the leader of the party. However, if a genuine dispute arises regarding the leader's status, the Chief Election Commissioner may decline to resolve such disputes, directing the parties to seek resolution through civil court if they choose. The court emphasized that Article 63A should not be rendered ineffective due to frivolous claims challenging the status of a party leader. The decision indicates a need for amendments to ensure clarity regarding political party leadership declarations, intending to prevent the misuse of defection laws. |
| Summary |
This case concerns the jurisdiction of the Chief Election Commissioner regarding disqualification due to defection under Article 63A of the Constitution of Pakistan. The Supreme Court addressed the complexities of internal party disputes and the authority of the Chief Election Commissioner to adjudicate on such matters. The ruling underscored the importance of maintaining political stability and integrity within political parties, suggesting that the Chief Election Commissioner must assess the bona fides of claims made against party leaders to prevent misuse of the defection clause. This case is significant in the context of Pakistan's electoral integrity and political dynamics, highlighting the delicate balance between party authority and electoral processes. Keywords such as 'disqualification', 'defection', 'Chief Election Commissioner', and 'political party leadership' are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
SAIDUZZAMAN SIDDIQUI,
IRSHAD HASAN KHAN,
RAJA AFRASIAB KHAN,
MUHAMMAD BASHIR,
JEHANGIRI,
NASIR ASLAM ZAHID,
MUNAWAR AHMED MIRZA
|
| Lawyers |
Fakhr-ud-Din G. Ebrahim, Senior Advocate Supreme Court,
M. Riaz Ahmad, Advocate-on-Record,
Basharatullah, Senior Advocate Supreme Court,
S.A.M. Qureshi, Advocate-on-Record
|
| Petitioners |
Sardar BAHADUR KHAN BANGULZAI and others
|
| Respondents |
Sardar ATTAULLAH KHAN MENGAL and another
|
| Citations |
1999 SLD 219,
1999 SCMR 1921
|
| Other Citations |
PLD 1996 SC 324,
PLD 1999 SC 57,
PLD 1994 SC 363,
PLD 1998 SC 1263,
PLD 1995 SC 66
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
63A,
185(3)
|