| Case ID |
36cb591a-cc1b-4581-95e1-bdd8fd83696a |
| Body |
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| Case Number |
Constitution Petitions Nos. 31 of 2011, 45 and 57 |
| Decision Date |
Feb 06, 2012 |
| Hearing Date |
Feb 06, 2012 |
| Decision |
The Supreme Court addressed the issue of bye-elections conducted by the Election Commissioner, which were not in accordance with the Constitution following the 18th Amendment. The Court noted that the Election Commission was responsible for organizing these elections under Article 219(b) of the Constitution. It found that elections held based on bogus voters' lists were unconstitutional and directed that notifications issued by the Election Commission regarding the elected members should remain suspended until a constitutional amendment was passed to rectify the situation. The Court emphasized its role in upholding the Constitution and the necessity for elections to be conducted honestly and fairly. |
| Summary |
In this landmark case, the Supreme Court of Pakistan examined the constitutional validity of bye-elections conducted under the jurisdiction of the Election Commissioner rather than the Election Commission itself, as mandated by the Constitution of Pakistan following the 18th Amendment. The Court highlighted the importance of conducting elections based on verified electoral lists, free from corruption, and stressed the necessity for the Election Commission to fulfill its duties as outlined in Articles 218 and 219 of the Constitution. The decision underscores the judiciary's role in maintaining the supremacy of the Constitution and ensuring that elected representatives adhere to lawful procedures. This case serves as a critical precedent for electoral integrity in Pakistan, emphasizing the need for constitutional compliance in the electoral process. Keywords related to this case include 'Constitution of Pakistan', 'Election Commission', 'bye-elections', 'constitutional amendment', 'electoral integrity', 'judicial review', and 'Supreme Court of Pakistan'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
KHILJI ARIF HUSSAIN,
TARIQ PARVEZ,
SARMAD JALAL OSMANY
|
| Lawyers |
Hamid Khan, Senior Advocate Supreme Court,
Muhammad Waqar Rana, Advocate Supreme Court,
Sardar Khurram Latif Khan Khosa, Advocate Supreme Court,
Jehangir Badar, Secy. Gen., PPPP,
Zafarullah Khan, Petitioner in person,
Afnan Karim Kundi, Advocate Supreme Court,
Mehmood A. Sheikh, Advocate-on-Record,
Naseer Ahmed Bhutta, Advocate Supreme Court,
Ibadur Rehman Lodhi, Advocate Supreme Court,
Qari Abdul Rashid, Advocate Supreme Court,
Zulfiqar Ahmed Bhutta, Advocate Supreme Court,
Shah Khawar, Advocate Supreme Court
|
| Petitioners |
IMRAN KHAN and others
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN and others
|
| Citations |
2012 SLD 1452,
2012 SCMR 48
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
218,
219(b),
184(3)
|