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ISLAMABAD HIGH COURT, BAR ASSOCIATION, ISLAMABAD vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad O — 2023 PLD 720 SUPREME-COURT

Case information

Citation
2023 PLD 720 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
PLD
Parties
ISLAMABAD HIGH COURT, BAR ASSOCIATION, ISLAMABAD vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad O
Subject matter
Constitutional

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

ISLAMABAD HIGH COURT, BAR ASSOCIATION, ISLAMABAD VS ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad O. XI & O. XXV---Constitution of Pakistan, Art. 184(3)---Constitutional petitions and suo motu proceedings regarding holding of General Elections to the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa---Majority and minority opinion---Question as to whether present matters were disposed of by a majority of 3:2 or were dismissed by a majority of 4:3---Held, that the ratio 4:3 claimed in the minority opinion could only have come about by taking two Judges from the initial, validly constituted nine-member Bench and all the other Judges of the subsequent, validly constituted five-member Bench, and melding this number into a seven-member "Bench" that was never constituted, and which never existed in law or in fact---Since there was never ever any such Bench, there could not, ipso facto, be any decision in the ratio "4:3"---By focusing on the number of Judges simpliciter and not the constitution of Benches, the minority opinion has sought to breach the barrier posed by the unanimous judicial order of 27.02.2023, by which the initial nine members of the Bench unanimously referred the matter to the Chief Justice "for reconstitution of the Bench"---Said order of 27.02.2023, was a judicial order, made by the nine-member Bench---Reconstitution of the Bench by the Chief Justice, i.e., the constitution of the present five-member Bench, was in response to this judicial order---Therefore, present matters were disposed of with a majority of 3:2, and the claim that they stood dismissed in the self-computed ratio "4:3" is erroneous.

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