IMRAN AHMED KHAN NIAZI vs FEDERATION OF PAKISTAN arts — 2023 CLC 239 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 239 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: IMRAN AHMED KHAN NIAZI vs FEDERATION OF PAKISTAN arts
Subject matter: Criminal
Provisions referred to: S. 2

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

IMRAN AHMED KHAN NIAZI VS FEDERATION OF PAKISTAN arts.204, 175 & 218---Elections act (XXXIII of 2017), Ss. 10 & 2(ix)---Constitutional petition---Power to punish for contempt---Jurisdiction of Election Commission---Scope---Petitioner assailed notices issued by Election Commission for contempt of Chief Election Commissioner---Contention of petitioner was that under the Elections act, 2017, the Election Commission had no jurisdiction to punish any person for contempt of Court rather such powers were vested with the Supreme Court or the High Court under art.175(2) & 204 of the Constitution; that such powers could not be conferred to the Election Commission through subordinate legislation; that the wording used in art. 204 of the Constitution only referred to a Court which meant the Supreme Court or the High Court excluding all other quasi-judicial authorities and the executive as such impugned notices were contrary to the provisions of the Constitution; that under R.4(4) of the Elections Rules, 2017, only the Commission was empowered to issue notice to the petitioner whereas the first notice was issued by Secretary and the subsequent notice was issued by Director General Law of the Election Commission and that the Commission was defined under S.2(ix) of the Elections act, 2017, read with art.218(2) of the Constitution, which meant that the Commission consisted of the Commissioner who shall be Chairman of the Commission and four members---High Court issued notice to the respondents and directed that the proceedings might continue but no final order would be passed till outcome of the Constitutional petition.

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