| Case ID |
0f6e14b6-a93a-473c-b6d7-6bf600dd7088 |
| Body |
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| Case Number |
Civil Appeals Nos.981, 984 and 985 of 2018 |
| Decision Date |
Dec 11, 2023 |
| Hearing Date |
Dec 11, 2023 |
| Decision |
The Supreme Court addressed the disqualification of candidates contesting elections under Article 62(1)(f) of the Constitution of Pakistan. The appellants argued that disqualification was for life based on previous rulings, while the respondents contended it was for five years as per the Elections Act, 2017. The Court recognized the need for clarity on this matter to avoid confusion in the upcoming general elections scheduled for February 8, 2024. It directed that notices be issued to relevant parties to provide concise statements on the constitutional and legal questions at hand, ensuring that the pending appeals do not delay the elections. The Court emphasized the importance of a clear interpretation of the law to facilitate a fair electoral process. |
| Summary |
In the Supreme Court of Pakistan case of Civil Appeals Nos.981, 984, and 985 of 2018, the Court examined the eligibility and disqualification of candidates under the Elections Act, 2017 and the Constitution of Pakistan. This case is pivotal as it addresses the disqualification period under Article 62(1)(f), with conflicting interpretations regarding its duration. The appellants argued for a life disqualification based on precedent, while the respondents claimed a five-year disqualification under the Elections Act. The Court's decision is crucial in ensuring a transparent electoral process as general elections approach on February 8, 2024. The Court has called for a comprehensive review of the legal interpretations involved, emphasizing the necessity of a definitive ruling to prevent legal confusion and uphold democratic integrity. This case highlights the intersection of electoral law and constitutional provisions, making it a significant legal reference for future election-related disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Election Commission of Pakistan,
Attorney-General,
Advocate Generals of the provinces
|
| Judges |
Qazi Faez Isa, C.J.,
Amin-ud-Din Khan,
Athar Minallah, JJ
|
| Lawyers |
Muhammad Saqib Jillani, Advocate Supreme Court,
Sh. Usman Karim-ud-Din, Advocate Supreme Court,
Khalid Ibn-e-Aziz, Advocate Supreme Court,
M. Arshad, D.G. (Law),
Falak Sher, Legal Consultant,
Rana Asadullah Khan, Additional A.G.P.
|
| Petitioners |
,
Sardar CONFUCIUS IMRAN QASRANI
|
| Respondents |
others,
Sardar Mir BADSHAH KHAN QAISRANI
|
| Citations |
2024 SLD 2730,
2024 SCMR 461
|
| Other Citations |
Sami Ullah Baloch v. Abdul Karim Nausherwani PLD 2018 SC 405
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
232(2),
62(1)(f)
|