| Case ID |
eeaad642-1721-4ec8-9cde-d80b435f5f46 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 168260 of 2018 |
| Decision Date |
Mar 02, 2018 |
| Hearing Date |
Mar 02, 2018 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by MUHAMMAD NAWAZISH ALI PIRZADA, stating that the petitioner lacked locus standi to challenge the order passed by the Appellate Tribunal. The court found that since the petitioner was not an objector to the nomination papers of respondent No.4 during scrutiny, he had no right to file an appeal or constitutional petition regarding the acceptance of the nomination papers. Consequently, the petition was dismissed without any order as to cost. |
| Summary |
In the landmark decision of W.P. No. 168260 of 2018, heard on March 2, 2018, the Lahore High Court addressed a significant constitutional petition filed by MUHAMMAD NAWAZISH ALI PIRZADA against the Election Commission of Pakistan and others. The case revolved around the petitioner challenging the acceptance of nomination papers of respondent No.4 in the Senate Elections of 2018 from the Province of Punjab. The petitioner argued that respondent No.4 was declared an absconder in a criminal case, thereby questioning the validity of his nomination. However, the court meticulously analyzed the Elections Act, 2017, specifically sections 112, 113, and 156, in conjunction with Article 225 of the Constitution of Pakistan, 1973.
The core issue was whether the petitioner, not being an objector during the nomination scrutiny, had the standing to file a constitutional petition challenging the Tribunal's acceptance of respondent No.4's nomination papers. Precedent cases such as Abbas Hussain v. State, Federation of Pakistan v. Mian Muhammad Nawaz Sharif, and Aziz Masood v. Khawaja Ahmad Hassan were cited to reinforce the principle that only objectors possess locus standi in such matters. Furthermore, the court reiterated that election-related disputes are to be addressed through election petitions under the relevant sections of the Elections Act rather than constitutional petitions, to maintain the legislative intent and procedural integrity.
The judges, ABID AZIZ SHEIKH and JAWAD HASSAN, emphasized that expanding the scope of constitutional petitions to include non-objectors would undermine the established legal framework governing elections. They underscored that a candidate not involved in the objection process lacks the requisite standing to challenge nomination decisions unless a direct right to contest the election was infringed, which was not the case here. Consequently, the court dismissed the petition, affirming the decisions made by the Returning Officer and the Appellate Tribunal.
This judgment highlights the judiciary's commitment to upholding the rule of law and ensuring that only appropriately aggrieved parties seek legal redress in election matters, thereby preserving the sanctity and orderliness of the electoral process. The decision serves as a crucial reference for future cases involving election disputes, emphasizing the importance of adhering to established legal procedures and the limitations of constitutional petitions in the electoral context. By clarifying the boundaries of legal standing, the Lahore High Court has reinforced the structured approach to handling election-related grievances, ensuring that the electoral system remains fair, transparent, and legally sound.
Moreover, the case underscores the significance of the Elections Act, 2017, in regulating the conduct of elections and addressing challenges to nomination processes. The detailed analysis of sections 112, 113, and 156 highlights the legal mechanisms in place for contesting election outcomes and the roles of various stakeholders, including candidates, objectors, and the Election Commission of Pakistan. The court's decision also reflects a broader judicial perspective on maintaining the balance between individual rights and the integrity of the electoral system, ensuring that legal remedies are available to those directly affected while preventing frivolous or unfounded challenges that could disrupt the electoral process.
In summary, the dismissal of the constitutional petition in W.P. No. 168260 of 2018 reaffirms the importance of proper legal standing in election disputes and upholds the procedural safeguards established by the Elections Act, 2017. The Lahore High Court's thorough examination of the relevant laws and precedents provides clear guidance for future cases, ensuring that the electoral process remains robust and that legal challenges are grounded in legitimate grievances. This decision not only resolves the immediate dispute but also contributes to the evolving landscape of election law in Pakistan, promoting fairness, accountability, and the rule of law in the democratic process. |
| Court |
Lahore High Court
|
| Entities Involved |
Election Commission of Pakistan
|
| Judges |
ABID AZIZ SHEIKH,
JAWAD HASSAN
|
| Lawyers |
Farooq Amjad Meer,
Salman Aslam Butt,
Muhammad Shoaib Rashid,
Muhammad Ahmed,
Ahmed Raza Khalid,
Muhammad Zikria Sheikh,
Mirza Nasar Ahmad,
Imtiaz Ellahi,
Muhammad Arshad Virk,
Umer Hayat,
Hafiz Adeel Ashraf
|
| Petitioners |
MUHAMMAD NAWAZISH ALI PIRZADA
|
| Respondents |
ELECTION COMMISSION OF PAKISTAN THROUGH PROVINCIAL ELECTION COMMISSIONER AND 6 OTHERS
|
| Citations |
2018 SLD 1713,
2018 CLC 1301
|
| Other Citations |
Abbas Hussain v. State 1992 SCMR 320,
Abdul Ali v. Haji Bismillah 2002 SCMR 203,
Writ Petition No. 168265 of 2018,
Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2009 SC 644,
Aziz Masood v. Khawaja Ahmad Hassan and 5 others 2016 CLC 706,
Faisal Mir v. Election Commission of Pakistan and others 2018 CLC 1,
Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396,
Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer, N.A. 158 Naushero Feroze and others 1994 SCMR 1299,
Muhammad Raza Hayat Hiraj and others v. The Election Commission of Pakistan and others 2015 SCMR 233 rel.,
Gul Hassan and another v. The State PLD 1969 SC 69,
Hayat Bakhsh and others v. The State PLD 1981 SC 265,
Ghulam Mustafa v. District Police Officer Kasur and 3 others PLD 2014 Lah. 82,
Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others (PLD 2009 Supreme Court 644),
Aziz Masood v. Khawaja Ahmad Hassan and 5 others (2016 CLC 706),
Faisal Mir v. Election Commission of Pakistan and others (2018 CLC 1)
|
| Laws Involved |
Elections Act, 2017,
Constitution of Pakistan, 1973
|
| Sections |
112,
113,
156,
225
|