| Case ID |
d468b147-bf88-4126-8a2c-00c4cd3c48e5 |
| Body |
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| Case Number |
Constitutional Petitions Nos. 37 to 45, 47 to 51 a |
| Decision Date |
Feb 21, 2018 |
| Hearing Date |
Feb 21, 2018 |
| Decision |
The Supreme Court of Pakistan ruled on the constitutional petitions regarding the qualifications for the position of 'Party Head' of a political party. The court emphasized that any political party leader must meet the qualifications and must not be disqualified under Articles 62 and 63 of the Constitution. The court declared that any actions taken by a disqualified party head are null and void, and directed the Election Commission to remove the name of the disqualified individual from all records. The court held that the integrity and moral character of elected representatives are paramount to the functioning of democracy in Pakistan. The constitutional petitions were allowed, reinforcing the stringent requirements for holding political office in Pakistan. |
| Summary |
The case involves a significant ruling by the Supreme Court of Pakistan regarding the qualifications required for a party head under the Elections Act, 2017 and the Constitution of Pakistan, 1973. The court addressed the implications of Articles 62, 63, and 63-A, which set out the standards for integrity and moral character required for individuals holding political office. The decision underscored the importance of accountability and transparency in governance, stating that any individual disqualified under these articles cannot serve as a party head, nor exercise any related powers. This ruling aims to uphold the principles of democracy, ensuring that only those of good standing can lead political parties and, by extension, the Parliament. The case also highlighted the role of the Election Commission in maintaining accurate records of political party leadership, reinforcing the need for compliance with constitutional mandates. Overall, the judgment serves as a critical affirmation of the legal frameworks governing political parties in Pakistan, ensuring that the leadership is held to high ethical standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Election Commission of Pakistan,
Pakistan Muslim League (N)
|
| Judges |
UMAR ATA BANDIAL,
IJAZ UL AHSAN
|
| Lawyers |
Dr. Farough Naseem,
Faisal Farid Chaudhry,
Syed Rafaqat H. Shah,
Sardar M. Latif Khan Khosa,
Ch. Akhtar Ali,
Sardar Shahbaz Ali Khosa,
Barrister Afzal Hussain,
Malik Javed Iqbal,
Syed Naz Gul Shah,
Sardar Imran Rafique,
Arshad Binyamin,
Khalid Abbas Khan,
Mehmood A. Sheikh,
Dr. Babar Awan,
Azhar Siddique,
Malik Munsif Awan,
Salman Akram Raja,
Raja Zafar-ul-Haq,
Asad Ladha,
Malik Ghulam Sabir,
Kamran Murtaza,
Muhammad Usman Ansari,
M. Waqar Rana,
Muhammad Arshad
|
| Petitioners |
Sardar M. Latif Khan Khosa,
ZULFIQAR AHMED BHUTTA,
M. Ikram Chaudhry,
Saeed Khurshid Ahmed,
Khalid Abbas Khan,
Dr. Babar Awan,
Azhar Siddique,
Malik Munsif Awan
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTER OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS AND OTHERS
|
| Citations |
2018 SLD 728,
2018 PLD 366
|
| Other Citations |
Not available
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
203,
232,
17,
62,
63,
63-A,
184(3)
|