PAKISTAN MUSLIM LEAGUE (N) vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice S — 2022 PLD 64 ISLAMABAD

Case information

Citation: 2022 PLD 64 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: PAKISTAN MUSLIM LEAGUE (N) vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice S
Subject matter: Constitutional
Provisions referred to: S. 72-

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

PAKISTAN MUSLIM LEAGUE (N) VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice S. 72-a [as inserted by Elections (Third amendment) Ordinance (XX of 2021)]---Constitution of Pakistan, arts. 89 & 199---Constitutional petition---Vires of Ordinance---Political question---Petitioner was a political party and had sought setting aside of the provision inserted by Elections (Third amendment) Ordinance, 2021---Validity---Involvement of High Court in matters which otherwise could be resolved by Majlis-e-Shoora (Parliament) was in violation of scheme of the Constitution, which was based on principle of trichotomy of powers---Political questions raised before Courts, by political parties having representation in Majlis-e-Shoora (Parliament) would undermine its sanctity and supremacy---If petitioner party and other opposition parties did not disapprove Elections (Third amendment) Ordinance, 2021, then High Court had no reason to interfere and usurp Constitutional authority vested in forums representing people of Pakistan---Provision of S.72-a inserted in Elections act, 2017, through Elections (Third amendment) Ordinance, 2021, was in public interest because it intended to ensure that no elected office and electorate would remain vacant / unrepresented for an indefinite period---any interference by High Court would be contrary to public interest and guaranteed fundamental rights of people---High Court declined to exercise its extra-ordinary discretionary jurisdiction in the matter---Constitutional petition was dismissed, in circumstances.

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