SOHAIL SHAHZAD vs CHIEF ELECTION COMMISSION OF PAKISTAN Ss — 2023 MLD 602 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 602 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: SOHAIL SHAHZAD vs CHIEF ELECTION COMMISSION OF PAKISTAN Ss
Subject matter: Criminal
Provisions referred to: S. 234; 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

SOHAIL SHAHZAD VS CHIEF ELECTION COMMISSION OF PAKISTAN Ss. 218, 233, 234 & 236---Constitution of Pakistan, Art. 199---Constitutional petition---Code of Conduct, violation of---Alternate and efficacious remedy---Petitioner/candidate sought respondents/rival candidates to be declared ineligible for contesting elections on the plea of violating Code of Conduct of elections---Validity---If petitioner was aggrieved of order of Nominated Officer/DMO under S. 234 of Elections Act, 2017, he was required to file appeal within three days from order in question before Commissioner, whose order was final---Without availing remedy of appeal, petitioner could not circumvent the procedure provided under the law to directly approach High Court through a Constitutional petition---Party complaining of some violation of statues or law had to first avail remedy/particular mechanism for assailing a particular action provided by that statute before applying for any other remedy---High Court declined to interfere in the matter due to availability of alternate remedy to petitioner under relevant election laws, which remedy was provided by special laws on subject and the same could not be circumvented in ordinary circumstances, especially when no extraordinary circumstances were pointed out---Constitutional petition was dismissed, in circumstances.

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