Ch. BILAL EJAZ vs ELECTION COMMISSION OF PAKISTAN S — 2024 PLD 428 LAHORE-HIGH-COURT-LAHORE

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Ch. BILAL EJAZ VS ELECTION COMMISSION OF PAKISTAN S. 8---Constitution of Pakistan, Art. 218 (3)---Conducting of elections---Election Commission of Pakistan, powers of---Policy of law is to empower Election Commission of Pakistan "to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against". Citation Name: 2024 PLD 428 LAHORE-HIGH-COURT-LAHORE Ch. BILAL EJAZ VS ELECTION COMMISSION OF PAKISTAN Ss. 8 & 95---Constitution of Pakistan, Arts. 199 & 218(3)---Constitutional petition---Election dispute---Recounting of votes---Petitioner/returned candidate was aggrieved of order passed by Election Commission declaring respondent as returned candidate on the basis of recount of ballot papers after consolidation of results and notification issued in favour of petitioner/returned candidate---Validity---Election Commission of Pakistan did not have power of review---Election Commission of Pakistan was empowered to direct Returning Officer to recount ballot papers before conclusion of consolidation proceedings---All such matters must be dealt with and decided prior to the declaration of results under S. 98 of Elections Act, 2017---Election Commission of Pakistan and its Benches exercising jurisdiction in the matter of adjudication were cognizant of the scope of its powers under Ss. 8 & 95 of Elections Act,2017---Power of review could not be invoked once consolidation of result had taken place and notification regarding a returned candidate had been issued---Election Commission of Pakistan refused to exercise its jurisdiction in all such election disputes where Election Tribunals were notified and contrary to its stance in a number of cases, the Election Commission of Pakistan proceeded to exercise its jurisdiction without adverting to any of the grounds which found favour with the Bench in similar cases---Obligation cast upon Election Commission of Pakistan under Art. 218(3) of the Constitution to ensure free and fair election should start with the primary responsibility to make consistent decisions based on the principles of rule of law and by following the basic tenet that every power had legal limits---High Court set aside the order passed by Election Commission of Pakistan as the same was without lawful authority and of no legal effect---Constitutional petition was allowed, in circumstances. Citation Name: 2024 PLD 428 LAHORE-HIGH-COURT-LAHORE Ch. BILAL EJAZ VS ELECTION COMMISSION OF PAKISTAN Public policy---Principle---Policy of a law has to be kept in view in making any decision by authorities entrusted with statutory discretions---This includes taking into account considerations of public policy.

Ch. BILAL EJAZ vs ELECTION COMMISSION OF PAKISTAN S — 2024 PLD 428 LAHORE-HIGH-COURT-LAHORE

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