| Case ID |
465150cc-a7da-4714-8e37-1023ad16bf0b |
| Body |
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| Case Number |
Civil Appeal No.1410 of 2009 |
| Decision Date |
Dec 30, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, setting aside the judgment of the Lahore High Court which had suspended the notification for holding bye-elections in Constituency NA-55. The Court emphasized the independence of the Chief Election Commissioner and the Election Commission, stating that they should function without interference from any authorities. The decision reaffirmed that the Chief Election Commissioner is obligated to organize elections within the constitutional framework and that executive authorities must assist in this process. The Court directed the Election Commission to proceed with the election process without any hindrance. |
| Summary |
In the landmark case of Sheikh RASHID AHMED vs. GOVERNMENT OF PUNJAB, the Supreme Court addressed the critical issues surrounding the independence of the Chief Election Commissioner and the Election Commission in Pakistan. The case arose after the Provincial Government sought to suspend the bye-elections due to law and order concerns, which the Lahore High Court initially upheld. However, the Supreme Court ruled that the Chief Election Commissioner must be allowed to organize elections as mandated by the Constitution. The judgment underscored the constitutional obligation of the Chief Election Commissioner to conduct elections within the stipulated timeframe and highlighted the need for executive authorities to support this process. The ruling is significant as it reinforces the autonomy of electoral bodies in Pakistan, ensuring that elections are conducted fairly and transparently. This case serves as a precedent for safeguarding the electoral process in Pakistan, making it a crucial reference point for future cases regarding election law and the role of the Election Commission. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Provincial Government,
Election Commission of Pakistan,
Law Enforcing Agencies
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
MIAN SHAKIRULLAH, JAN,
GHULAM RABBANI, JJ
|
| Lawyers |
Waseem Sajjad, Senior Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
Dil Muhammad Alizai, D.A.G.,
M.S. Khattak, Advocate-on-Record,
Sher Afgan, Dy. Secretary ECP
|
| Petitioners |
Sheikh RASHID AHMED
|
| Respondents |
GOVERNMENT OF PUNJAB and others
|
| Citations |
2010 SLD 472,
2010 PLD 573
|
| Other Citations |
Muhammad Shafiq Chaudhry v. Province of Punjab through Chief Secretary, Government of Punjab, Lahore and 2 others 1998 SCMR 1957,
Al-Jehad Trust v. Federation of Pakistan PLD 1997 SC 84,
Election Commission of Pakistan v. Javaid Hashmi PLD 1989 SC 396
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
213,
214,
215,
216,
217,
218,
219,
219(b),
220,
221,
222,
223,
224,
224(4),
225,
226
|