| Case ID |
3338a13b-0b38-4d21-b59e-3ee6d7faca6e |
| Body |
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| Case Number |
Writ Petition No. 2869 of 2019 |
| Decision Date |
Aug 06, 2019 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the petitioner, Alam Dad Laleka, against the orders of the Election Commission of Pakistan. The court held that it had jurisdiction to issue a writ of certiorari regarding the orders passed by the Election Commission. However, since the petitioner had previously challenged the same orders before the Lahore High Court, and given that the Lahore High Court had already suspended the operation of the order regarding the fine imposed on the petitioner, the Islamabad High Court found it prudent not to interfere in the proceedings. The court emphasized that a litigant should not be permitted to challenge the same matter in different High Courts when one court is already seized of the issue. Hence, the petition was dismissed in limine. |
| Summary |
The case revolves around a writ petition challenging the orders of the Election Commission of Pakistan regarding the disqualification of Alam Dad Laleka, who contested the National Assembly elections from constituency NA-167 (Bahawalnagar-II). The petitioner was previously fined for violating the Code of Conduct for General Elections, and a show cause notice was issued against him. The Islamabad High Court ruled that it would not interfere in the ongoing proceedings before the Election Commission since the petitioner had already sought relief from the Lahore High Court. This case highlights the principles of jurisdiction and the importance of not duplicating challenges in different High Courts. The decision underscores the integrity of the electoral process and the adherence to legal protocols surrounding election conduct. Legal professionals and scholars following election law will find this case significant, particularly in understanding the dynamics of jurisdiction among High Courts in Pakistan. |
| Court |
Islamabad High Court
|
| Entities Involved |
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Raja Aleem Khan Abbasi
|
| Petitioners |
Alam Dad Laleka
|
| Respondents |
Election Commission of Pakistan
|
| Citations |
2020 SLD 97,
2020 PLD 20
|
| Other Citations |
Salahuddin Tirmizi v. Election Commission of Pakistan PLD 2008 SC 735
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973,
Code of Conduct for General Elections, 2018
|
| Sections |
234(4),
199,
Clause 53,
Clause 54
|