| Case ID |
1a11c5cb-0be9-4eb6-bb2a-89f01a8cf88e |
| Body |
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| Case Number |
Const. P. No. 5 of 2023 |
| Decision Date |
Apr 03, 2023 |
| Hearing Date |
Mar 27, 2023 |
| Decision |
The Supreme Court of Pakistan ruled that the Election Commission of Pakistan's order to extend the date for general elections was unconstitutional and void. The court emphasized that the Constitution mandates elections to be held within 90 days of the assembly's dissolution. The court quashed the impugned order from March 22, 2023, and restored the election program as initially notified, with necessary modifications to account for delays caused by the unlawful order. The decision affirms the fundamental right to participate in elections as enshrined in Article 17 of the Constitution. |
| Summary |
In the case of Const. P. No. 5 of 2023, the Supreme Court of Pakistan addressed a significant constitutional issue regarding the timing of general elections. The court found that the Election Commission's decision to delay elections beyond the constitutionally mandated 90-day period violated fundamental rights and the constitutional framework. The ruling reaffirmed the importance of timely elections as a cornerstone of democratic governance, emphasizing that the Election Commission does not have the authority to alter or extend electoral timelines set by the Constitution. The court reinstated the original election schedule, ensuring that the democratic process remains intact and accessible to all citizens. This case highlights the critical balance between administrative discretion and constitutional mandates, reinforcing the rule of law in electoral matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Election Commission of Pakistan,
Government of KPK
|
| Judges |
UMAR ATA BANDIAL, CJ,
IJAZ-UL-AHSAN,
MUNIB AKHTAR, JJ
|
| Lawyers |
Syed Ali Zafar, ASC,
Mr. Gohar Ali Khan, ASC,
Ms. Mehwish Batool Sardar, Advocate,
Ch. Aamir Rehman, Addl. AGP,
Malik Javed Iqbal Wains, Addl. AG.,
Mr. Hamood-Uz-Zaman Khan, Secretary Defence,
Mr. Aamir Mehmood, Addl. Sec. Finance,
Mr. Sajeel Shehryar Swati, ASC,
Mr. Irfan Qadir, ASC,
Mr. Omer Hamid Khan, Sec. ECP,
Mr. Zafar Iqbal Hussain, Spl. Sec. ECP,
Mr. M. Arshad, DG (Law) ECP,
Mr. Khurram Shehzad, ADG(L) ECP,
Ms. Saima Tariq Janjua, Dy. Dir. ECP,
Mr. Falak Sher, Legal Consultant,
Mr. Aamir Javed, AG, KP,
Mian Shafaqat Jan, Addl. AG, KP,
Mr. Shangul, AG, Punjab,
Mr. Wasim Mumtaz Malik, Addl. AG, Punjab,
Mr. Sanaullah Zahid, Addl. AG,
Barrister M. Mumtaz Ali, Addl. AG
|
| Petitioners |
MOHAMMAD SIBTAIN KHAN and others
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad and others
|
| Citations |
2023 SLD 2479,
2023 PLJ 618
|
| Other Citations |
Not available
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
9(1),
57(2),
17,
18,
148(3),
218(3),
220,
224(2)
|