MOHAMMAD SIBTAIN KHAN vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad arts — 2023 PLD 406 SUPREME-COURT

Case information

Citation: 2023 PLD 406 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: MOHAMMAD SIBTAIN KHAN vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad arts
Subject matter: Constitutional
Provisions referred to: S. 57

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

MOHAMMAD SIBTAIN KHAN VS ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad arts. 148(3), 218(3), 220, 224(2), 243(1) & 184(3)---Elections act (XXXIII of 2017), S.57(2)---Election Commission, powers of---Scope---Constitutional petition challenging order passed by Election Commission delaying elections to the Provincial assemblies of Punjab and Khyber Pakhtunkhwa---Neither the Constitution nor the law empowers the Election Commission ('the Commission') to extend the date of elections beyond the 90 days period as provided in article 224(2) of the Constitution---Impugned order ("EC Order") made by the Commission was declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and was resultantly quashed---Election Programme notified by the Commission under Section 57(2) of the Elections act, 2017 on 08.03.2023 (vide Notification No. F.2(3)/2023-Cord.) for the general election to the Punjab assembly was revived and restored immediately with certain modifications---Directions issued by the Supreme Court to the relevant State functionaries to ensure timely elections, and modifications to the Election Programme (for Punjab) made by the Supreme Court stated.

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