MUHAMMAD SALMAN vs NAVEED ANJUM arts — 2021 SCMR 1675 SUPREME-COURT

Case information

Citation: 2021 SCMR 1675 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: MUHAMMAD SALMAN vs NAVEED ANJUM arts
Provisions referred to: S. 9; S. 103

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

MUHAMMAD SALMAN VS NAVEED ANJUM arts. 62, 63 & 218(3)---Elections act (XXXIII of 2017), S. 9(1) --- Representation of the People act (LXXXV of 1976), S. 103aa [since repealed]---Qualification/disqualification/eligibility of a candidate or member of Parliament---Power of the Election Commission ('the Commission')---Scope---Commission had no power or inherent jurisdiction itself in terms of art. 218(3) to consider the qualification/disqualification of a candidate/member, whether as an independent, standalone issue or as part of an election dispute---Furthermore Parliament did not confer any jurisdiction in terms of S. 103aa of the Representation of the People act 1976 (since repealed) and/or S. 9 of the Elections act, 2017 on the Commission to consider the qualification or disqualification, under arts. 62 and/or 63 of the Constitution, of a candidate for election or a member of the legislature.

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