| Case ID |
deaa91d6-9964-47be-a22b-81bfd23684eb |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2008 of 2013 |
| Decision Date |
Feb 06, 2017 |
| Hearing Date |
Jan 23, 2017 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Ms. Naheed Khan against the Election Commission of Pakistan, which had rejected her request to register a political party named 'Pakistan Peoples Party' and allocate it the symbol of a sword. The court found no legal infirmity in the order of the Election Commission, affirming that the petitioner had previously contested elections under the ticket of the Pakistan Peoples Party (Parliamentarians) and had not formally resigned or been expelled from membership. The court ruled that the dispute over the allocation of the election symbol was a factual question that could not be resolved within the jurisdiction of Article 199 of the Constitution. Consequently, the petition was dismissed. |
| Summary |
This case revolves around a constitutional petition filed by Ms. Naheed Khan against the Election Commission of Pakistan regarding the registration of a political party under the name 'Pakistan Peoples Party' and the allocation of the election symbol of a sword. The petitioner argued that her application was wrongfully rejected, as she contended she was not a member of the existing Pakistan Peoples Party (Parliamentarians), despite having contested elections on its ticket. The court ruled that the Election Commission acted within its jurisdiction and that the petitioner's claims raised disputed questions of fact. This decision highlights the complexities surrounding party registration and the legal standing of political entities in Pakistan. The ruling underscores the importance of adhering to the provisions of the Political Parties Order, 2002, and the constitutional rights of citizens to form political associations. Keywords related to political party registration, constitutional law, and election symbols are crucial for understanding the implications of this case. |
| Court |
Islamabad High Court
|
| Entities Involved |
Election Commission of Pakistan,
Pakistan Peoples Party,
Pakistan Peoples Party (Parliamentarians)
|
| Judges |
ATHAR MINALLAH,
MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Zulfiqar Khalid Maluka,
Syed Nayyar Hussain Bokhari,
Malik Amir Fida Paracha,
Raja Shakeel Ahmed Abbasi
|
| Petitioners |
MS NAHEED KHAN
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN,
Muhammad Jahangir Badar,
Syed Nayyar Hussain Bokhari,
Malik Amir Fida Paracha,
Raja Shakeel Ahmed Abbasi
|
| Citations |
2019 SLD 1307 = 2019 CLC 938
|
| Other Citations |
Air Marshal (Retd.) Muhammad Asghar Khan v. General (Retd.) Mirza Aslam Baig, former Chief of Army Staff and others PLD 2013 SC 1,
Munir Ahmad v. Asif Ali Zardari and others, Cri. Original No.1373-W of 2012,
Dr. M.A. Haseeb Khan and others v. Sikandar Shaheen and 9 others PLD 1980 SC 139,
Ghulam Muhammad and another v. Mst. Noor Bibi and 5 others 1980 SCMR 933,
Khawaja Muhammad Akhtar v. President, Cantonment Board, Sialkot Cantt. Election Authority (Tribunal) and another 1981 SCMR 291,
Benedict FD' Souza v. Karachi Building Control Authority and 3 others 1989 SCMR 918,
Federation of Pakistan and 2 others v. Major (Retd.) Muhammad Sabir Khan PLD 1991 SC 476,
Muhammad Younis Khan and 12 others v. Government of N.W.F.P. through Secretary, Forest and Agriculture, Peshawar and others 1993 SCMR 618,
Shah Wali and others v. Ferozuddin and others 2000 SCMR 718,
Collector of Customs and others v. Messrs Fatima Enterprises Ltd. and others 2012 SCMR 416,
Sher Afgan Khan Niazi v. Ali S. Habib and others 2011 SCMR 1813
|
| Laws Involved |
Political Parties Order, 2002,
Constitution of Pakistan, 1973
|
| Sections |
2,
5(1),
5(3),
199,
260
|