PAKISTAN TEHREEK-E-INSAAF vs GOVERNMENT OF PUNJAB arts — 2023 PLD 179 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 179 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: PAKISTAN TEHREEK-E-INSAAF vs GOVERNMENT OF PUNJAB arts

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 TEHREEK-E-INSAAF VS GOVERNMENT OF PUNJAB arts. 105(3), 112, 218(3), 219(d), 220 & 224---Elections act (XXXIII of 2017), Preamble---Elections of Provincial assembly---Constitutional obligation of the Election Commission of Pakistan to announce date of elections under the doctrine of penumbra---Scope---On advice by the Chief Minister, the Governor abstained from exercising his constitutional powers to dissolve the Provincial assembly, however, the assembly stood dissolved by operation of law in terms of article 105 of the Constitution---although, art. 224(2) read with arts. 105 & 112 of the Constitution do not specifically mention the authority to declare a date of election in a Provincial assembly in case it stands dissolved by operation of law but when arts. 218(3), 219(d), 224(2) & 220 of the Constitution are considered together being connecting and relevant provisions, the obligation and duty of the Election Commission of Pakistan to declare the date of general election for the Province comes within the penumbra of these constitutional provisions and elections laws.

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