JAMEEL QADIR vs GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUET

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JAMEEL QADIR VS GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA S. 37---Elections act (XXXIII of 2017), S. 139---Balochistan Local Government (Election) Rules, 2013, R. 72---Constitution of Pakistan, art. 199---Local bodies elections---Election dispute---Order of the Election Commission of Pakistan (ECP) directing aggrieved party to approach the Election Tribunal--- aggrieved party invoking constitutional jurisdiction of the High Court under article 199 of the Constitution---High Court setting-aside order of the ECP and declaring aggrieved party as the returned candidate---Legality---In the present case Election Tribunal had already been appointed, having powers to adjudicate upon the matter---applications before the ECP were dismissed with the observation that if the aggrieved parties (respondents) so desired, they may approach the Election Tribunal---High Court, before adverting to the question of jurisdiction, not only entertained the (Constitutional) petitions filed by the respondents/ aggrieved parties but also declared the respondents as returned candidates with directions to the ECP to notify them---High Court neither determined the question of jurisdiction, nor rendered any findings as to why the aggrieved parties/respondents were not bound by law to avail the remedy provided before the Election Tribunal under section 37 of the Balochistan Local Government act, 2010 ('the 2010 act')---In the instant case, after notifying the returned candidates and appointment of Election Tribunals, the ECP being sanguine and mindful to the provisions contained under section 37 of the 2010 act, directed the parties to approach the Election Tribunal where the election disputes could be resolved by the Election Tribunal after recording evidence as the ECP had otherwise become functus officio for entertaining and deciding any election dispute---If the learned High Court was of the view that the issue challenged before it was not an election dispute, then definite findings should have been recorded bearing in mind the bar contained under section 37 of the 2010 act and enabling provisions, but no findings were recorded with regard to jurisdiction---Petitions for leave to appeal were converted into appeals and allowed, and the matter was remanded to the High Court for deciding in accordance with law the question of jurisdiction of the High Court in an election dispute after hearing the parties.

JAMEEL QADIR vs GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA S — 2023 SCMR 1919 SUPREME-COURT

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