| Case ID |
31bfb54b-ac17-43c8-98cc-78d8adb39238 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1665 of 2012 |
| Decision Date |
Jan 09, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the civil petition challenging the appointment of the Chief Election Commissioner. The petitioner argued that the appointment was ultra vires the Constitution due to past political affiliations and age disqualifications. The Court found these arguments to be baseless, emphasizing that the role of Chief Election Commissioner does not automatically disqualify a candidate based on prior political roles, particularly when such roles are deemed non-political during their tenure. The Court upheld that a retired Judge of the Supreme Court is eligible for the Chief Election Commissioner position without an upper age limit condition, thus dismissing the petition for lack of merit. |
| Summary |
This case revolves around a civil petition filed by Shahid Orakzai against the appointment of the Chief Election Commissioner of Pakistan, alleging that the appointment violated constitutional provisions due to the appointee's previous political affiliations and age. The Supreme Court of Pakistan, presided over by Justices Anwar Zaheer Jamali, Ejaz Afzal Khan, and Shahid Orakzai, ruled that the arguments presented lacked legal merit. The Court clarified that the Chief Election Commissioner must be a former judge of either the Supreme or High Court and that past political roles do not disqualify a candidate from holding this office. The ruling reinforced the non-political status of the Governor's office and upheld the constitutional provisions regarding the appointment of the Chief Election Commissioner. The decision highlights the importance of interpreting constitutional qualifications fairly and emphasizes the inapplicability of political affiliations to the eligibility criteria for the Chief Election Commissioner's role. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI,
EJAZ AFZAL KHAN,
SHAHID ORAKZAI
|
| Lawyers |
Nemo
|
| Petitioners |
Shahid Orakzai
|
| Respondents |
Pakistan through Secretary Law and another
|
| Citations |
2013 SLD 2952,
2013 PLD 378
|
| Other Citations |
Malik Hamid Sarfraz v. Federation of Pakistan and another PLD 1979 SC 991
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
185(3),
179,
216(2),
207(2),
213(2),
213,
177
|