The ELECTION COMMISSION OF PAKISTAN vs PAKISTAN TEHREEK-E-INSAF Ss — 2024 PLD 295 SUPREME-COURT

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The ELECTION COMMISSION OF PAKISTAN VS PAKISTAN TEHREEK-E-INSAF Ss. 208, 209 & 215(5)---Political party---Intra party elections---Political party failing to hold intra party elections in accordance with its own Constitution---Effect---Party declared ineligible to obtain the elections symbol it had applied for. Citation Name: 2024 PLD 295 SUPREME-COURTBookmark this Case The ELECTION COMMISSION OF PAKISTAN VS PAKISTAN TEHREEK-E-INSAF Ss. 208 & 215(5)---Constitution of Pakistan, Arts. 218(1) & 185(3)---Political party---Intra party elections---Failure to hold intra party elections in accordance with the party's own Constitution---Election Commission of Pakistan (ECP) declaring the political party ineligible to obtain the elections symbol it had applied for---Petition for leave to appeal filed by the ECP before the Supreme Court against a judgment of the High Court - Maintainability---If the ECP could be sued before the High Court, it would be a denial of justice and manifestly unfair if it could not then assail the decision of the High Court (before the Supreme Court)---Therefore, the objection to the maintainability of present petition was without legal substance and was overruled. Citation Name: 2024 PLD 295 SUPREME-COURTBookmark this Case The ELECTION COMMISSION OF PAKISTAN VS PAKISTAN TEHREEK-E-INSAF S. 10---Res sub judice, doctrine of---Scope---Party cannot simultaneously agitate the same matter before two courts---Section 10 of the Code of Civil Procedure, 1908 prohibits this; it stipulates that cases 'in which the matter in issue is also directly and substantially in issue in a previously instituted' case, the court in which the subsequent case is filed shall not proceed therewith---Rule of law and judicial process would be seriously undermined if a party simultaneously agitates the same matter before two different High Courts.

The ELECTION COMMISSION OF PAKISTAN vs PAKISTAN TEHREEK-E-INSAF Ss — 2024 PLD 295 SUPREME-COURT

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