| Case ID |
08f93672-eae1-4e1b-9adc-650b33339992 |
| Body |
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| Case Number |
Writ Petitions Nos. 533-P, 572-P and 592-P of 2023 |
| Decision Date |
Mar 08, 2023 |
| Hearing Date |
Mar 08, 2023 |
| Decision |
The Peshawar High Court ruled in favor of the petitioners, determining that the notification issued by the Election Commission of Pakistan, which suspended all local government functionaries in Khyber Pakhtunkhwa, was illegal and without lawful authority. The court emphasized that the Constitution mandates the continuity of local government institutions, asserting that any interruption in their functioning is impermissible. The court found that the Election Commission exceeded its authority and failed to provide justifiable reasons for the suspension, thus the notification was struck down. The ruling reinstates the local government functionaries and upholds the constitutional provisions regarding local governance. |
| Summary |
This case addresses the legality of a notification issued by the Election Commission of Pakistan that suspended local government elections in Khyber Pakhtunkhwa. The petitioners, local government members, challenged the notification on constitutional grounds, asserting that it violated Article 140A of the Constitution, which mandates the establishment and continuity of local governments. The Peshawar High Court found that the Election Commission lacked authority to issue such a suspension without valid reasons. The judgment reinforced the importance of local governance and the constitutional framework that supports it, emphasizing that any disruption to local government functions undermines democratic principles. The ruling is significant as it reaffirms the role of local governments in facilitating grassroots political participation and governance, aligning with contemporary discussions on local democracy and accountability. |
| Court |
Peshawar High Court
|
| Entities Involved |
Election Commission of Pakistan
|
| Judges |
Rooh-ul-Amin Khan,
Syed Arshad Ali
|
| Lawyers |
Ali Zaman,
Noman-ul-Haq Kakakhel,
Babar Khan Yousafzai,
Aamir Javed,
Mohsin Kamran Siddique,
Shahbaz Khan,
Barrister Syed Mudassir Ameer,
Barrister Yaseen Raza,
Qazi Jawad Ehsanullah
|
| Petitioners |
HAFEEZ UR REHMAN
|
| Respondents |
CHIEF ELECTION COMMISSIONER through Secretary, Election Commission of Pakistan, Islamabad and 2 others
|
| Citations |
2024 SLD 74,
2024 PLD 1
|
| Other Citations |
Lahore Development Authority through DG and others v. Ms. Imrana Tiwana and others 2015 SCMR 1739,
Raja Rab Nawaz v. Federation of Pakistan through Secretary Defence and others 2013 SCMR 1629,
Asad Ali Khan and others v. Province of Punjab through Secretary Government of Punjab and others PLD 2021 SC 770,
M.Q.M. (Pakistan) and others v. Pakistan through Secretary Cabinet Division, Government of Pakistan and others PLD 2022 SC 439,
Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396,
Election Commission of India through Secretary v. Ashok Kumar and others AIR 2000 SC 2979,
Workers' Party Pakistan through Akhtar Hussain, Advocate, General Secretary and 6 others v. Federation of Pakistan and 2 others PLD 2012 SC 681
|
| Laws Involved |
Constitution of Pakistan,
General Clauses Act, 1897
|
| Sections |
32,
140A,
199,
218(3),
24-A
|