ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad vs SALMAN AKRAM RAJA arts

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ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad VS SALMAN AKRAM RAJA arts. 219(c), 222(d) & 225---Elections act (XXXIII of 2017), Ss. 140(1), 140(3) & 151---Election Tribunals in Punjab, appointment of---Consultation process between the Chief Justice of the (Lahore) High Court and the Election Commission of Pakistan ("ECP")---amicable settlement between Constitutional office holders---Through the impugned judgment Single Judge of the High Court held that the Election Tribunals are to be appointed on the recommendation of the Chief Justice of the Lahore High Court---Legality---ECP is a constitutional body and the Chief Justice (of the Lahore High Court) is a constitutional office holder---Both are deserving of the highest respect---Counsel representing the ECP stated that a meeting and meaningful consultation took place between the ECP/Chief Election Commissioner and the Chief Justice of the Lahore High Court and a consensus emerged with respect to appointment of Election Tribunals in Punjab---Report was also received from the Registrar (of the Lahore High Court) which confirmed that the matter was amicably resolved between the Chief Justice of the Lahore High Court and the ECP---Supreme Court was also informed that sufficient number of Election Tribunals will be appointed/constituted immediately---Supreme Court observed that since the present matter has been amicably resolved to the satisfaction of the Chief Justice of the Lahore High Court and the ECP there was no need to decide the present cases; that whenever a party to a dispute/disagreement is a constitutional body or constitutional office holder a cautious approach should be adopted and it must be ensured that adjudication is resorted to as a last resort and when necessitated----Impugned judgment was set aside and also the notification issued pursuant thereto with the direction that anything stated in the impugned judgment should not be referred to before any court---appeals were allowed accordingly and the listed applications, the review petition and the case under objection were disposed of.

ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad vs SALMAN AKRAM RAJA arts — 2024 PLD 1246 SUPREME-COURT

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