| Case ID |
2e090915-b879-4015-9119-6e2a6087d64a |
| Body |
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| Case Number |
Constitutional Petitions Nos. 774, 775, 937, 943 o |
| Decision Date |
May 06, 2014 |
| Hearing Date |
Apr 17, 2014 |
| Decision |
The Balochistan High Court ruled that constitutional petitions under Article 199 of the Constitution could not be filed against interlocutory orders of an Election Tribunal if an appeal against the final order of such Tribunal could be made to the Supreme Court under the Representation of the People Act, 1976. Therefore, the court dismissed these petitions on the grounds of non-maintainability without touching upon the merits of the cases. This ruling emphasized the importance of adhering to the legislative mandate for expeditious resolution of election-related disputes. |
| Summary |
This case involves multiple constitutional petitions filed in the Balochistan High Court against interlocutory orders of election tribunals established under the Representation of the People Act, 1976. The petitions were heard by a larger bench due to conflicting decisions on whether such petitions could be entertained under Article 199 of the Constitution. The petitioners argued for the right to challenge interlocutory orders while the respondents contended that such challenges were not permissible. Ultimately, the court ruled against the petitioners, highlighting the legislative intent to ensure swift resolution of election disputes and the necessity of following the established appeal process. Key legal principles established include the exclusivity of the election tribunal's decisions and the limited scope of judicial review under Article 199 concerning election matters. This case reinforces the significance of adhering to procedures set forth in electoral law and aims to maintain the integrity and timeliness of the electoral process. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Qazi Faez Isa,
Jamal Khan Mandokhail,
Naeem Akhtar Afghan
|
| Lawyers |
Muhammad Riaz Ahmed,
Tariq Ali Tahir,
Amanullah Achakzai,
Muhammad Qahir Shah,
Nadir Khan Yousafzai,
Syed Ayaz Zahoor,
Malik Sikandar Khan,
Abdullah Baloch,
Adnan Ejaz
|
| Petitioners |
Muhammad Riaz Ahmed,
Dur Muhammad Khan Nasar,
Amanullah Achakzai,
Malik Sikandar Khan,
Abdullah Baloch,
Adnan Ejaz
|
| Respondents |
Muhammad Shafiq Tareen
|
| Citations |
2014 SLD 2741,
2014 PLD 152
|
| Other Citations |
Zahid Sarfaraz v. Nadir Pervaiz Khan 1987 SCMR 1107,
Election Commission of Pakistan v. Javaid Hashmi PLD 1989 SC 396,
Muhammad Asim Kurd alias Gailoo v. Lashkari Khan Raisani 1999 SCMR 689,
Muhammad Hussain Babar v. Election Commission of Pakistan PLD 2008 SC 495,
Federation of Pakistan v. Muhammad Nawaz Sharif 2009 PLD SC 531
|
| Laws Involved |
Representation of the People Act (LXXXV of 1976)
|
| Sections |
67,
14(S),
63,
76,
103AA
|