ZULFIQAR ALI BHATTI vs ELECTION COMMISSION OF PAKISTAN arts — 2024 SCMR 997 SUPREME-COURT

Case information

Citation: 2024 SCMR 997 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ZULFIQAR ALI BHATTI vs ELECTION COMMISSION OF PAKISTAN arts
Provisions referred to: S. 8

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

ZULFIQAR ALI BHATTI VS ELECTION COMMISSION OF PAKISTAN arts. 4,17(2), 218(3) & 222(d)---Elections act (XXXIII of 2017), S. 8(c)---Election Commission---Powers and duties as to conducting elections---Law enacted by Parliament to regulate duties and power of the Election Commission---Scope---Under article 218(3) of the Constitution the Election Commission does not have such general and inherent power which is absolute or superior to the law enacted by the Parliament---General power under article 218(3) of the Constitution and section 8(c) of the Elections act, 2017 can be exercised by the Election Commission within two parameters: (i) during the election process, which starts with the issuance of the election programme and culminates with the publication of the name of thereturned candidates in the official gazette, and (ii) when there is no express provision in the law enacted by the Parliament to deal with the matter or issue that arises during the performance of constitutional duty of conducting the elections honestly, justly, fairly and in accordance with law---Scope of the general powers of the Election Commission under article 218(3) of the Constitution and section 8(c) of the Elections act, 2017 stated.

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