Fawad Ahmed vs Election Commission of Pakistan through Chief Election Commissioner R — 2025 MLD 642 ISLAMABAD

Case information

Citation: 2025 MLD 642 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: MLD
Parties: Fawad Ahmed vs Election Commission of Pakistan through Chief Election Commissioner R
Subject matter: Constitutional
Provisions referred to: S. 6---N; S. 6; Elections Act (XXXIII of 2017); 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

Fawad Ahmed VS Election Commission of Pakistan through Chief Election Commissioner R. 4(8) [as amended through SRO No.2271(I)/2022 dated 16.12.2022]---Elections Act (XXXIII of 2017), S. 6---Notice(s) issued by the Secretary Election Commission of Pakistan (ECP)---Competency---Petitioner (former MNA) filed constitutional petition challenging the notice(s) issued by the Secretary ECP to him---Argument of the petitioner was that Show-Cause Notice had been issued by the Secretary, ECP whereas under S.6 of the Elections Act, 2017, which provides for delegation of powers, there was no authorization in favour of Secretary, ECP---Validity---Amendment had been made in Election Rules, 2017 by incorporating sub-rule(8) of R.4 through SRO No.2271(I)/2022 dated 16.12.2022, which empowered the Secretary of the Commission to issue notice or Show Cause Notice for that matter---As specific delegation had been made to the Secretary of the Commission to issue notice or Show-Cause Notice, hence, there did not seem to be any violation of S.6 or the Elections Act, 2017---Election Commission of Pakistan did elaborately deal with the objections raised by the petitioner in reply to the notice and passed a well-reasoned order, which did not suffer from any illegality or jurisdictional defect---Constitutional petition, being merit-less, was dismissed, in circumstances.

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