| Case ID |
4528a9ab-8c74-43fe-a757-dfadf53c69e3 |
| Body |
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| Case Number |
Civil Appeals Nos. 727-730, 777, 788, Civil Appeal |
| Decision Date |
Dec 17, 2014 |
| Hearing Date |
Sep 25, 2014 |
| Decision |
The Supreme Court determined the maintainability of constitutional petitions against interlocutory orders of Election Tribunals. It was concluded that such petitions are not maintainable unless the order is patently illegal and no remedy exists. The judgment emphasized the need for expeditious resolution of election disputes, affirming the exclusive jurisdiction of Election Tribunals as per Article 225 of the Constitution. The court also maintained that remedies under the Representation of the People Act, 1976 must be exhausted before seeking intervention from higher courts. |
| Summary |
The case revolves around the maintainability of constitutional petitions against interim/interlocutory orders of Election Tribunals in Pakistan. The Supreme Court addressed multiple civil appeals and petitions, emphasizing the importance of swiftly resolving election-related disputes. It highlighted the exclusive jurisdiction of Election Tribunals as established by Article 225 of the Constitution, stating that petitions against interlocutory orders are generally not permissible unless they meet specific criteria of being patently illegal and lacking an alternative remedy. The court's ruling reinforces the legislative intent to expedite election processes and reduce delays caused by judicial interventions. This case is significant for understanding the procedural dynamics of election petitions in Pakistan and the boundaries of judicial review in electoral matters, especially in light of the Representation of the People Act, 1976. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK, C.J.,
AMIR HANI MUSLIM,
GULZAR AHMED, JJ
|
| Lawyers |
Mian Abbas Ahmed, Advocate Supreme Court for Appellants/Petitioners (in C.As. 727, 729 of 2014),
Sardar Abdul Raziq Khan, Advocate Supreme Court for Appellants/Petitioners (in C.A. 728 and C.P. 909 of 2014),
Muhammad Akram Sheikh, Senior Advocate Supreme Court for Appellants/Petitioners (in C.A. 730 of 2014),
Asad Javed, Advocate Supreme Court for Appellants/Petitioners (in C.A. 777 of 2014),
Farooq H. Naek, Senior Advocate Supreme Court for Appellants/Petitioners (in C.A. 788 of 2014),
Ch. Nazir Ahmed Kamboh, Advocate Supreme Court for Appellants/Petitioners (in C.A. 273-L of 2014),
Kamran Murtaza, Advocate Supreme Court for Appellants/Petitioners (in C.P. 1244 of 2014),
Ch. Aamir Rehman, Advocate Supreme Court for Appellants/Petitioners (in C.P. 1619-L of 2014),
Sardar Muhammad Aslam, Advocate Supreme Court No. 3 (in C.As. 727, 729 of 2014),
M. Ilyas Sheikh, Senior Advocate Supreme Court No. 2 (in C.A. 728 and C.P. 909 of 2014),
Ahmed Awais, Advocate Supreme Court No. 1 (in C.As. 777, 273-L and C.P. 1619 of 2014),
Malik Mumtaz Jatt, Advocate Supreme Court No. 13 (in C.A. 730 of 2014),
Qazi Muhammad Anwar, Senior Advocate Supreme Court No. 1 (in C.P. 1244 of 2014)
|
| Petitioners |
MUHAMMAD RAZA HAYAT HIRAJ and others
|
| Respondents |
The ELECTION COMMISSION OF PAKISTAN and others
|
| Citations |
2015 SLD 1354,
2015 SCMR 233
|
| Other Citations |
Ali Gohar Khan Mahar v. Election Commission of Pakistan 2014 CLC 776,
Dur Muhammad Khan Nasar v. Muhammad Shafiq Tareen PLD 2014 Bal. 152,
Ghulam Mustafa Jatoi v. Additional District and Sessions Judge and others 1994 SCMR 1299,
Shella B. Charles v. Election Tribunal and others 1997 SCMR 941,
Election Commission of India v. Shivaji AIR 1988 SC 61,
Aftab Shahban Mirani and others v. Muhammad Ibrahim and others PLD 2008 SC 779,
Federation of Pakistan v. Muhammad Nawaz Sharif PLD 2009 SC 644
|
| Laws Involved |
Representation of the People Act, 1976,
Constitution of Pakistan
|
| Sections |
67(1A),
52,
67,
199,
225
|