Election process

2022 PLD 607 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 19 & 223Election Rules, 2017,R.21General Clauses Act (X of 1897), S. 24-AConstitution of Pakistan, Art. 199Constitutional petitionElection processAlternate and efficious remedyDelimitation AuthorityObjections, decision ofDuties and functions of Authority

Petitioners were aggrieved of orders passed by Delimitation Authority on objections filed by them on delimitation of their constituency

Validity

Authority was to decide objections within thirty days after holding inquiries, summoning witnesses and recording of evidence

Although the Authority decided objections but were not in accordance with Election Rule, 2017

No justification or reasoning was mentioned in orders of Delimitation Authority

Such was not a speaking order rather based on evasive grounds

Incumbent upon the Authority to decide objections of each objector separately on its own merits but decided multifarious objections raised by petitioners evasively in a single order

Such order was not sustainable under the law

Such order as well as proceedings were also a gross violation of S.24-A of General Clauses Act, 1897 which manifestly impressed upon Authorities/public functionaries to decide cases after application of mind on the touchstone of reasonableness, which otherwise was lacking in the present case

Delimitation Authority while conducting delimitations in question, failed to act reasonably, fairly and justly as required under S. 24-A of General Clauses Act, 1897

Election Commission of Pakistan was apex, independent and neutral Constitutional authority to hold, organize and conduct elections in Pakistan

After Local Government elections were recognized as Constitutional elections [(18th Constitutional Amendment (2010)], role of Election Commission of Pakistan fully extended to all stages of electoral system envisaged under Elections Act, 2017, including preparation of electoral rolls and delimitation of constituencies as was the case with the other Constitutional elections

High Court set aside orders and notifications issued by Delimitation Authority

Election Commission of Pakistan under provisions of Elections Act, 2017, Election Rules, 2017 and the Constitution had mandate to make amendments, alteration or modification in final list of constituencies

Remedy provided under S.22 of Elections Act, 2017, could be deemed to be made as representation to Election Commission of Pakistan against decision of the Authority

High Court referred petition to Election Commission of Pakistan as representation against decision of the Authority to decide it, as per law

High Court directed the petitioners to appear before Election Commission of Pakistan

Constitutional petition was allowed accordingly.

2016 SCMR 439 SUPREME-COURT Judicial Precedent

Art. 199Constitutional jurisdiction of the High CourtScopeElection processOrder passed by an election functionary

Constitutional jurisdiction of the High Court could only be invoked "where no legal remedy was available to an aggrieved party during the process of election or after its completion, against an order of an election functionary which was patently illegal/without jurisdiction and the effect of which was to disfranchise a candidate."

2016 SCMR 563 CONSTITUTIONAL-COURT-OF-SOUTH-AFRICA Judicial Precedent

Election processConstitutional requirement of "free and fair" electionsTest for determining whether an election process suffering from irregularities was free and fair

Nature of the irregularities and their impact on the conduct, as well as the result of the election, so far as that could be assessed, must be measured against the constitutional standard that elections must be "free and fair"

Court must be satisfied on all the evidence placed before it that there were real (and not speculative or imaginary) grounds for concluding that the elections were not "free and fair".

2014 PLD 668 SUPREME-COURT Judicial Precedent

Arts. 140A(2), 218(3) & 222(b)Local Government ElectionsDelimitation of constituenciesElection Commission of Pakistan, powers ofScopeElection processScopeDelimitation of constituencies was part of the election process and it should be done by the Election Commission

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 should vest with the Election Commission.

2014 PLD 531 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 218(3)Election CommissionElection processCredibility

For the discharge of its duties, the Election Commission must possess autonomy, authority, independence and sanctity to ensure that the election process conducted by the Election Commission enjoyed respect and credibility.

2014 PLD 330 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts. 219(d) & 140A(2)Election processScopeDelimitation of constituencies

Stage of delimitation of constituencies occurred prior to and was altogether distinct from the election process that was announced in an election programme

Delimitation of Local Government constituencies could not be deemed to fall within the election process conducted by the Election Commission.

2013 PLD 1 SUPREME-COURT Judicial Precedent

Art. 17 & PreambleElection processRight of citizens to elect their representativesScope

Citizens as a matter of right were free to elect their representatives in an election process which was conducted honestly, justly, fairly and in accordance with law.

2012 PLD 681 SUPREME-COURT Judicial Precedent

Art. 218Election CommissionDutiesElection processSignificance and scopeElection process was one of the key aspects of democracy and was identified and regulated by the Constitution

Article 218 of the Constitution, constituted the Election Commission and empowered it to organize and oversee the election process and to ensure, inter alia, that it was conducted honestly, justly, fairly and in accordance with law and that corrupt practices were guarded against.