Sardar CONFUCIUS IMRAN QASRANI vs Sardar Mir BADSHAH KHAN QAISRANI S — 2024 SCMR 461 SUPREME-COURT

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Sardar CONFUCIUS IMRAN QASRANI VS Sardar Mir BADSHAH KHAN QAISRANI S. 232(2)---Constitution of Pakistan, Art. 62(1)(f)---Elections for seat of Provincial and National Assembly---Eligibility---Disqualification period under Article 62(1)(f) of the Constitution---Counsel for the appellants stated that disqualification was for life by relying on the decision in the case of Sami Ullah Baloch v. Abdul Karim Nausherwani (PLD 2018 Supreme Court 405) which held that when Article 62(1)(f) of the Constitution is attracted, the disqualification is for life---However, the counsel for the respondent disputed this and stated that the period of disqualification was for five years as per section 232(2) of the Elections Act, 2017, which provision was enacted through the Elections (Amendment) Act, 2023, promulgated on 26 June 2023---Counsel were unanimous in stating that unless there was a clear pronouncement by the Supreme Court on the matter the returning officers in the forthcoming general elections may wonder whether to apply section 232(2) of the Elections Act, 2017, or the said judgment of the Supreme Court, which may create needless confusion in the elections and shall not be conducive to democracy, and that there was also the likelihood of election tribunals and courts being inundated with cases arising out of the uncertainty---Supreme Court directed that notices under Order XXVIIA of the Code of Civil Procedure, 1908 were to be issued to the Attorney-General, to all the Advocate Generals of the provinces, to the Election Commission of Pakistan and public notice be published in a prominent English and Urdu newspaper having wide circulation as the decision in these appeals may also affect those who are not parties hereto; that concise statements attending to the said constitutional and legal questions, without reference to facts and the particulars of individual cases may be filed; that pendency of these appeals and the questions raised herein shall not be used as a pretext to delay the forthcoming general elections scheduled to be held on 8 February 2024, and that these cases, and any others involving the same question, be fixed for hearing in early January, 2024 before a Bench constituted by the Committee under the Supreme Court (Practice and Procedure) Act, 2023.

Sardar CONFUCIUS IMRAN QASRANI vs Sardar Mir BADSHAH KHAN QAISRANI S — 2024 SCMR 461 SUPREME-COURT

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