P L D 2014 Supreme Court 463 (PLP)
ELECTION COMMISSION OF PAKISTAN through Secretary — Appellant Versus PROVINCE OF PUNJAB through Chief Secretary and others — Respondents
| Citation | P L D 2014 Supreme Court 463 (PLP) |
| Forum / Court | High Court |
| Bench Members | Tassaduq Hussain Jillani, C.J., Khilji Arif Hussain and Sh. Azmat Saeed, JJ |
| Parties | ELECTION COMMISSION OF PAKISTAN through Secretary — Appellant Versus PROVINCE OF PUNJAB through Chief Secretary and others — Respondents |
| Primary Law | Punjab Local Government Act (XVIII of 2013) |
Q1: What are the key laws and sections cited in P L D 2014 Supreme Court 463 (PLP)?
This judgment primarily cites: Punjab Local Government Act (XVIII of 2013) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2014 Supreme Court 463 (PLP)?
The case was heard and decided by the High Court bench comprising: Tassaduq Hussain Jillani, C.J., Khilji Arif Hussain and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2014 Supreme Court 463 (PLP) (ELECTION COMMISSION OF PAKISTAN through Secretary — Appellant Versus PROVINCE OF PUNJAB through Chief Secretary and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Sh. Senior Advocate Supreme Court assisted by Moazzam Habib, Advocate, Faraz Raza, Advocate and Mehmood A. Sheikh, Advocate-on-Record, Sher Afghan, D.G. ECP and Abdur Rehman, Law Officer for Appellant.
- Mustafa Ramday, Advocate-General, Barrister Waseem Qureshi, Addl. A.G., Muhammad Azhar Siddique, Advocate Supreme Court, Muhammad Saleem, Asstt. Director Local Government Bhakkar, Haq Nawaz, (in person), Muhammad Khan Narowal (in person), Muhammad Fakhar-uz-Zaman (in person) and Muhammad Sarwar (in person) for Respondents.
- TASSADUQ HUSSAIN JILLANI, C J.---We have heard learned counsel for the appellant, for the respondents, learned Advocate-General, Punjab and learned Attorney General for Pakistan.
Headnotes / Summary
Ss. 8, 9 & 10
Constitution of Pakistan, Arts. 140A, 219(d) & 222(b)
Delimitation of constituencies, process of
Scope
Power of delimitation of constituencies conferred on the Provincial Government at the exclusion of the Election Commission of Pakistan by virtue of Ss. 8, 9 & 10 of Punjab Local Government Act, 2013
Power to hold elections of the Local Government stood vested in the Election Commission in terms of Art. 140A of the Constitution
Delimitation of constituencies of the Local Government was part of the process of organizing and holding elections honestly, justly and fairly which was the constitutional mandate of the Election Commission
Power to carry out such delimitation vested with the Election Commission
Sections 8 to 10 of the Punjab Local Government Act, 2013 and the relevant Rules framed there-under were ultra vires of the Constitution in so far as they empowered the Provincial Government to carry out the delimitation of the constituencies for the Local Government
Supreme Court directed that Governments, Federal and Provincial (of Punjab) should carry out appropriate amendments/legislation to empower the Election Commission to initiate and carry out the process of delimitation of constituencies for the Local Government Elections, and such exercise should be completed within a period of five months; that the Election Commission should thereafter take requisite measures to carry out the process of delimitation of constituencies for the Local Government expeditiously so as to complete the same within a period of 45 days of the enactment/amendments in laws in terms of present order; that the Election Commission should further ensure that the announcement of election schedule and the process of holding it was complete by or before 15th of November, 2014
Judgment & Decree
TASSADUQ HUSSAIN JILLANI, C J.
We have heard learned counsel for the appellant, for the respondents, learned Advocate-General, Punjab and learned Attorney General for Pakistan.
2. For reasons to be recorded later in the detailed judgment, we hold, declare and direct as under:-- (i) that the power to hold elections of the Local Government stands vested in the Election Commission of Pakistan in terms of Article 140A of the Constitution of Islamic Republic of Pakistan. The Election Commission of Pakistan has been mandated to "organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against (Article 218(3) of the Constitution); (ii) that Sections 8 to 10 of the Punjab Local Government, Act, 2013 and the relevant Rules framed thereunder are ultra vires of the Constitution insofar as they empower the Provincial Government to carry out the delimitation of the constituencies for the Local Government; (iii) that since the delimitation of constituencies of the Local Government is part of the process of organizing and holding elections honestly, justly and fairly which is the Constitutional mandate of the Election Commission of Pakistan, the power to carry out such delimitation should vest with the Election Commission of Pakistan. (iv) that since the holding of election of Local Government has been delayed for more than nine years, which is violative of the Constitutional command, we are persuaded to direct the Governments, Federal and Provincial (of Punjab) to carry out appropriate amendments/legislation to empower the Election Commission of Pakistan to initiate and carry out the process of delimitation of constituencies for the Local Government Elections. This exercise should be completed within a period of five months from today and the Election Commission of Pakistan shall thereafter take requisite measure to carry out the process of delimitation of constituencies for the Local Government expeditiously so as to complete the same within a period of 45 days of the enactment/amendments in laws in terms of this order. The Election Commission of Pakistan shall further ensure that the announcement of election schedule and the process of holding it is complete by or before 15th of November, 2014.
3. The appeal stands disposed of in terms noted above. MWA/E-2/S Order accordingly.