Citation Name: 2023 CLC 1898 PESHAWAR-HIGH-COURTBookmark this Case HAQ NAWAZ SHAH vs ELECTION COMMISSION OF PAKISTAN art — 2023 CLC 1898 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 CLC 1898 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: CLC
Parties: Citation Name: 2023 CLC 1898 PESHAWAR-HIGH-COURTBookmark this Case HAQ NAWAZ SHAH vs ELECTION COMMISSION OF PAKISTAN art
Subject matter: Constitutional
Provisions referred to: 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

Citation Name: 2023 CLC 1898 PESHAWAR-HIGH-COURTBookmark this Case HAQ NAWAZ SHAH VS ELECTION COMMISSION OF PAKISTAN art.199---Constitutional petition---Judicial review---Scope---No provision of any law for the time being in force in Pakistan overrides Constitutional power of High Court to exercise judicial review of the matter, if High Court is of the view that order under challenge is illegal and outside four corners of law and no other alternate or efficacious remedy is provided by law. Citation Name: 2023 CLC 1898 PESHAWAR-HIGH-COURTBookmark this Case HAQ NAWAZ SHAH VS ELECTION COMMISSION OF PAKISTAN Ss. 19, 20 & 21---Election Rules, 2017, R.10---Delimitation---Petitioners were aggrieved of Preliminary Delimitation Scheme for Constituencies of National and Provincial Assemblies elections---Validity---Petitioners did not point out any violation of the provision of Ss. 19, 20 & 21 of Elections Act, 2017 or Election Rules, 2017, to create any exception calling for interference of High Court by invoking Constitutional jurisdiction---Population census was to be carried out from time to time merely because fresh census was underway and no results had been gathered till then---This could not be a ground for stalling process of delimitations---Fair elections would mean fair representation and delimitation of constituencies was a foundational step towards that end---Election Commission had properly appreciated pros and cons including fundamentals of delimitation with assistance of Delimitation Committee---High Court declined to interfere in Preliminary Delimitation Scheme for Constituencies of National and Provincial Assemblies elections---Constitutional petition was dismissed, in circumstances.

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