Agha SHAHZAIB DURRANI vs ELECTION COMMISSION OF PAKISTAN arts — 2021 CLC 276 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 CLC 276 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: CLC
Parties: Agha SHAHZAIB DURRANI vs ELECTION COMMISSION OF PAKISTAN arts
Subject matter: Constitutional
Provisions referred to: S. 2

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Agha SHAHZAIB DURRANI VS ELECTION COMMISSION OF PAKISTAN arts. 59, 62 & 222---Elections act (XXXIII of 2017), S. 2(xxxix)---Senate election---Technocrat---Special seats---Object, purpose and scope---Nomination papers of petitioner for Senate elections on the seat of Technocrat were rejected by Returning Officer as well as Election Commission---Validity---Though the Constitution did not provide specific and clear definition of Technocrat but by categorizing members, the intention of Constitution makers was clear to differentiate general seats from special ones---Purpose of categorizing special seats was to elect persons having specialization and expertise in a relevant field---additional qualification had to be there for special seat as compared to general seats---General qualification was provided under art. 62 of the Constitution for a member of Parliament but that did not differentiate Technocrat from general member---Parliament while exercising power under art. 222 of the Constitution enacted Elections act, 2017, in which terms 'Technocrat' and 'Ulimahs' was defined wherein additional qualification for the members contesting elections for specified seats were determined---Definition of 'Technocrat' mentioned in Elections act, 2017, was in no way inconsistent with the Constitution, however the same did not apply to by-election for the seat of Technocrat in Senate from Balochistan held in July 2017---High Court set aside the orders passed by Returning Officer and maintained the notification issued by Election Commission declaring petitioner as successful candidate---Constitutional petition was allowed in circumstances.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English