Citation Name: 2024 YLR 2076 PESHAWAR-HIGH-COURTBookmark this Case Sadaf Ihsan vs Government of Pakistan through Secretary Parliament Affairs Islamabad S — 2024 YLR 2076 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2076 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2076 PESHAWAR-HIGH-COURTBookmark this Case Sadaf Ihsan vs Government of Pakistan through Secretary Parliament Affairs Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 4---C; S. 4; Elections Act

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

Citation Name: 2024 YLR 2076 PESHAWAR-HIGH-COURTBookmark this Case Sadaf Ihsan VS Government of Pakistan through Secretary Parliament Affairs Islamabad S. 4---Constitution of Pakistan, Arts. 218, 222 & 225---Conducting free and fair election---Jurisdiction---Reserved seats for women---Election result---Notification of returned candidate--- Petitioner was notified as returned candidate against reserved seats for women--- On application of party head, the notification so issued was suspended to replace petitioner with another candidate---Validity---Powers of Election Commission of Pakistan under S.4 of Elections Act, 2017, were not independent and self-contained---Such powers could be exercised only in a matter which was sub-judice before it and it had the jurisdiction to decide such issue---Election Commission of Pakistan could not exercise such powers independently, except in cases where it could take cognizance during election process---When names of returned candidates were notified in official gazette, then Election Commission of Pakistan had no jurisdiction to suspend notification of petitioner as returned candidate--- Jurisdiction exercised by Election Commission of Pakistan under Art. 218 of the Constitution was without jurisdiction--- Election Commission of Pakistan had mandate and authority to conduct free and fair election in terms of Art. 218 (3) of the Constitution and the provision could not be read in isolation and it had to be read along with Arts. 222 and 225 of the Constitution--- Election dispute could only be challenged before Election Tribunal established under an Act of Majlis-e-Shoora--- Question of adjudication between two parties was intricate and Election Commission of Pakistan was not authorized to decide the same--- High Court set aside notification in question as well as proceedings pending before Election Commission of Pakistan--- Constitutional petition was allowed, in circumstances.

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