Mst. SAIMA ASHIQ vs ELECTION COMMISSION OF PAKISTAN S — 2022 MLD 2018 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 2018 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Mst. SAIMA ASHIQ vs ELECTION COMMISSION OF PAKISTAN S
Subject matter: Constitutional
Provisions referred to: S. 9---C; S. 9; Elections Act

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

Mst. SAIMA ASHIQ VS ELECTION COMMISSION OF PAKISTAN S.9---Constitution of Pakistan, Art.199---Constitutional petition---Alternate and efficacious remedy, availability of---Petitioner was aggrieved of order passed by Election Commission of Pakistan declaring her to be disqualified from the seat of Member Cantonment Board---Validity---Election Commission passed order against which a specific remedy of appeal was provided under S.9(5) of Elections Act, 2017---In the wake of availability of alternate efficacious remedy, jurisdiction of High Court under Art.199 of the Constitution could not be invoked---High Court could exercise its powers under Art. 199 of the Constitution only if it was satisfied that no other adequate remedy was provided by law---Adequacy of alternate remedy always attracted attention of High Court---Constitutional petition was dismissed, in circumstances.

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