ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad vs DAWOOD SHAH Ss — 2024 SCMR 556 SUPREME-COURT

Case information

Citation: 2024 SCMR 556 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad vs DAWOOD SHAH Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ELECTION COMMISSION OF PAKISTAN through Secretary, Islamabad VS DAWOOD SHAH Ss. 51(1) & 62---Returning Officer of a constituency changed by the Election Commission of Pakistan (ECP) on medical grounds---Single Judge of High Court passing an ad-interim ex-parte order suspending the notification of ECP whereby the returning officer was changed---Legality---ECP, for justifiable reasons, had issued the notification substituting the returning officer---It is also the responsibility of the ECP to conduct elections---Moreover, no allegation against the newly appointed returning officer was made---Therefore, it cannot be stated that the exercise of discretion by the ECP was in any manner illegal or unconstitutional---Supreme Court observed with concern that an ad interim ex-parte order was passed by the Judge of the High Court without issuance of notice to or hearing the ECP; which would adversely affect the election programme and jeopardise the elections to be held in the said constituency---Petition for leave to appeal was converted into an appeal and allowed; the impugned order was set-aside with the directions that since the stipulated date for the scrutiny of nomination papers of candidates could not be completed on account of the ad-interim ex-parte order, the scrutiny of the nomination papers of candidates, including the respondents, whose scrutiny of nomination papers had not taken place be undertaken as per the given fresh schedule.

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