| Case ID |
26920ae3-beaf-4aef-bfbf-3edbe5b28550 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. 11-R of 1988 |
| Decision Date |
|
| Hearing Date |
Nov 13, 1988 |
| Decision |
The Supreme Court of Pakistan disposed of the petition as incompetently filed. The petitioner sought several reliefs, including declarations regarding the legality of various ordinances and the constitutionality of the Election Commission. However, the Court held that the petitioner was debarred from claiming additional reliefs under Article 184(3) due to the principle in Order II, Rule 2 of the Civil Procedure Code. Furthermore, the invocation of the Supreme Court's jurisdiction without alleging an infringement of a fundamental right was also a significant ground for dismissal. Thus, the petition was ultimately found to lack the necessary legal basis. |
| Summary |
This case involved Haji MUHAMMAD SAIFULLAH KHAN challenging the legality of several ordinances pertaining to the delimitation of constituencies and the constitution of the Election Commission in Pakistan. The Supreme Court of Pakistan, presided over by a bench of distinguished judges, ruled on the incompetence of the petition based on procedural grounds, primarily focusing on the restrictions imposed by the Civil Procedure Code regarding additional reliefs. The Court emphasized the necessity of alleging a fundamental right infringement when invoking its jurisdiction under Article 184(3). This decision underscores the procedural rigor expected in constitutional petitions and highlights the judiciary's commitment to upholding legal standards in electoral matters. Keywords: Supreme Court, constitutional law, electoral law, Pakistan, legal procedure, fundamental rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
ABDUL KADIR SHAIKH,
NASIM HASAN SHAH,
ALI HUSSAIN QAZILBASH,
ASLAM RIAZ HUSSAIN,
JAVID IQBAL,
SAAD SAOOD JAN,
MUHAMMAD HALEEM, C.J.,
USMAN ALI SHAH,
GHULAM MUJADDID MIRZA,
NAIMUDDIN, JJ
|
| Lawyers |
Sh. Shaukat Ali, Senior Advocate Supreme Court,
Ch. Khalilur Rehman, Senior Advocate Supreme Court,
Saleem Ahmad Malik, Advocate-on-Record
|
| Petitioners |
Haji MUHAMMAD SAIFULLAH KHAN
|
| Respondents |
THE FEDERATION OF PAKISTAN,
others
|
| Citations |
1989 SLD 378 = 1989 SCMR 22 = 1989 SLD 934 = 1989 SCMR 22
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
184(3),
199,
O.II, R. 2
|