PAKISTAN TEHREEK-E-INSAF (PTI) vs ELECTION COMMISSION OF PAKISTAN arts — 2024 PLD 1 ISLAMABAD

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PAKISTAN TEHREEK-E-INSAF (PTI) VS ELECTION COMMISSION OF PAKISTAN arts. 2(c)(iii), 6, 13 & 15---Constitution of Pakistan, art. 199---Constitutional petition---Fact finding report---Foreign-aided political party---Determination---Petitioner/political party was aggrieved of fact finding report issued by Election Commission of Pakistan resulting into issuance of show cause notice and forwarding the same to Federal Government---Validity---Obligation to scrutinize statement of accounts of a political party falls within the domain of Election Commission of Pakistan pursuant to arts. 6 & 13 of Political Parties Order, 2002---It is quite possible that while scrutinizing sources of funding of political parties, Election Commission of Pakistan comes to the conclusion that a party has received funding from such prohibited sources that could possibly attract characterization of the party as a foreign-aided political party---Power to determine whether or not a party is a foreign-aided political party falls within the domain of Federal Government and not Election Commission of Pakistan as provided under art. 15 of Political Parties Order, 2002---Election Commission of Pakistan as regulator of political parties would share any actionable information with Federal Government to enable it to consider whether such information ought to be a trigger for action under art. 15 of Political Parties Order, 2002---Decision of Election Commission of Pakistan to refer its tentative findings in relation to art. 2(c)(iii) of Political Parties Order, 2002, to Federal Government as part of Fact Finding Report was of no consequence---In the event if Federal Government would chose to act on such tentative findings, it needed to do so with an independent mind after affording opportunity to petitioner/political party to be heard---High Court declined to judicially review the Fact Finding Report as it was a premature stage---High Court was confident that as repositories of public authority in country sustained by rule of law, Election Commission of Pakistan and Federal Government would not act in disregard of rights of petitioner/political party and its Chairman as guaranteed by law and the Constitution---In the event that petitioner/political party was aggrieved by final decision rendered by Election Commission of Pakistan after conclusion of show cause proceedings, petitioner/political party would be at liberty to avail appropriate remedies under law, including remedy of seeking judicial review before Constitutional Court---Constitutional petition was dismissed accordingly.

PAKISTAN TEHREEK-E-INSAF (PTI) vs ELECTION COMMISSION OF PAKISTAN arts — 2024 PLD 1 ISLAMABAD

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