Political party

It is unequivocal that Section 215(5) of the Elections Act, 2017 prescribes a penal consequence for a political party's failure to comply with the provisions of Section 209 (regarding intra-party elections) or Section 210 (regarding the sources of the party's funds)

The specified penalty of non-allocation of an election symbol curtails the political party's fundamental right to function and operate as a political party-a right implicit in the right to form a political party guaranteed by Article 17(2) of the Constitution

Therefore, Section 215(5) must be construed strictly

No further penalty or consequence beyond the specified non-allocation of an election symbol can be inferred or assumed from Section 215(5)

Additionally, no other constitutional or statutory right of the political party can be denied on the basis of the non-allocation of an election symbol under this provision.

Election Commission of Pakistan (ECP) declaring the political party ineligible to obtain the elections symbol it had applied for

Petition for leave to appeal filed by the ECP before the Supreme Court against a judgment of the High Court - Maintainability

If the ECP could be sued before the High Court, it would be a denial of justice and manifestly unfair if it could not then assail the decision of the High Court (before the Supreme Court)

Therefore, the objection to the maintainability of present petition was without legal substance and was overruled.

Party declared ineligible to obtain the elections symbol it had applied for.

Political party declared ineligible to obtain the elections symbol it had applied for.

Where a political party contested the election successfully, it had a fundamental right to form government provided it enjoyed the requisite majority.