SHAH MUHAMMAD KHAN vs ELECTION COMMISSION OF PAKISTAN S — 2022 CLC 1315 ISLAMABAD

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SHAH MUHAMMAD KHAN VS ELECTION COMMISSION OF PAKISTAN S.4---Constitution of Pakistan, Art.218---Election Commission, jurisdiction of---Ensuring fair/transparent process of election and to guard against corrupt practices---Grave acts of violation of the election code reported---Summary proceedings---One petitioner was Member of Provincial Cabinet holding the portfolio of Minister of Transport and the other was the son of said Minister and was contesting the (Local Government) elections for the Office of Chairman---Both father and son were reported to be involved in forcibly taking away polling material and abducting the officials---Reports sent to District Returning Officer and District Police Officer---Police described the detestable conduct of the Minister in its report---Election Commission conducted enquiry and postponed the polling and ordered re-polling---Petitioners impugned the said order---Held, that Election Commission had sought reports from relevant officials and heard them during proceedings---Criminal cases were registered---Police recovered some ballot boxes and polling materials which had been forcibly taken from polling stations---Sufficient material was brought on record to establish the unbecoming conduct of a member of the cabinet and his close relatives in order to manipulate/influence the election process through corrupt practices---Election Commission had all the powers to ensure the elections were organized/conducted honestly, fairly, in accordance with law and guard against corrupt practices---Constitutional mandate of the Election Commission was to take all possible measures to fulfil its solemn duty---Except for one paragraph of the impugned order, the Court was satisfied that the Election Commission had not exercised its powers /discretion in an illegal mala fide/unjustified/manifestly arbitrary manner---Despite his shockingly deplorable conduct established during the summary proceedings before the Election Commission, cabinet member could not have been disqualified from holding the public office as member of the Provincial Assembly---Commission was, however, empowered to disqualify his son from contesting the elections---Procedure for disqualification of a member of the Provincial Assembly had been prescribed under Art. 113 read with Art. 63(2) of the Constitution---Notified member might also be disqualified pursuant to the declaration of the competent Court---Order passed by the Commission for disqualification of son was justified and was in conformity with the obligation of the Commission to ensure a fair/transparent process of election and to guard against corrupt practices---Petitioners ought to be held accountable by the political party with which they were affiliated---Constitutional petition was partially allowed accordingly.

SHAH MUHAMMAD KHAN vs ELECTION COMMISSION OF PAKISTAN S — 2022 CLC 1315 ISLAMABAD

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