| Case ID |
2cb34de6-2dac-42c6-8008-73c5efeba2bc |
| Body |
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| Case Number |
13(1) of 2022-Law |
| Decision Date |
May 20, 2022 |
| Hearing Date |
May 06, 2022 |
| Decision |
The Election Commission of Pakistan has ruled that the respondents have committed defection as they participated in the election of the Chief Minister Punjab contrary to the directives of their party, Pakistan Tehreek-e-Insaf (PTI). The commission confirmed the declarations of defection against the respondents as they voted for the opposing candidate, which constitutes a serious violation of party policy and the trust placed in them by their electorate. The decision emphasizes the importance of adherence to party directives and the consequences of betrayal, resulting in the cessation of the respondents' memberships in the Punjab Assembly. |
| Summary |
This case revolves around the interpretation and application of Article 63-A of the Constitution of Pakistan concerning defection by members of the Provincial Assembly. The case was initiated by the Pakistan Tehreek-e-Insaf (PTI) party, with Imran Khan as the petitioner, against Raja Sagheer Ahmed and others for allegedly violating party directives during the Chief Minister election. The Election Commission found that the respondents voted against the party's instructions, leading to their disqualification. The ruling underscores the critical nature of party loyalty in the political framework and the severe repercussions of defection, which is viewed as a betrayal of electoral trust. This case highlights the legal mechanisms in place to manage party discipline and maintain political integrity, shedding light on the constitutional provisions that govern such matters. Keywords such as 'defection in Pakistan', 'political party loyalty', and 'Election Commission rulings' are crucial for SEO optimization. |
| Court |
Election Commission of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SIKANDAR SULTAN RAJA,
NISAR AHMED DURRANI,
SHAH MOHAMMAD JATOI
|
| Lawyers |
Barrister Ali Zafar ASC,
Faisal Farid Chaudhry ASC,
Amir Saeed Rawan ASC,
Safdar Shaheen Pirzada ASC,
Syed Ali Bukhari ASC,
Malika Bukhari,
Ch. Tanveer Hussain,
Qamar Inayat Raja,
Muhammad Aqif
|
| Petitioners |
IMRAN AHMED KHAN
|
| Respondents |
MPA and 24 others,
Raja SAGHEER AHMED
|
| Citations |
2022 SLD 1844,
2022 PLJ 67
|
| Other Citations |
PLD 2022 SC 99,
PLD 2020 SC 581,
PLD 2013 SC 1289,
PLD 2018 SC 538,
2017 SCMR 172,
PLD 1992 SC 646,
PLD 1995 SC 66,
PLD 1998 SC 1263,
PLD 1990 SC 1092,
AIR 2016 KER 70,
2002 SCMR 92,
2019 SCMR 924,
PLD 2013 SC 255,
2022 CLC 577,
PLD 2010 SC 483,
PLD 1971 SC 550,
PLD 2015 SC 380,
2015 SCMR 1040,
1999 SCMR 1921,
2018 SCMR 215,
PLD 2018 Peshawar 179,
2001 CLC 2019,
2000 MLD 709,
2018 CLD 177,
2020 CLC 780
|
| Laws Involved |
Constitution of Pakistan, 1973,
Elections Act, 2017
|
| Sections |
63-A(1)(b)(i),
10-A
|