ASIF HUSSAIN vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commission Ss — 2025 PLD 446 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLD 446 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLD
Parties: ASIF HUSSAIN vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commission Ss
Subject matter: Service
Provisions referred to: S. 2; 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

ASIF HUSSAIN VS ELECTION COMMISSION OF PAKISTAN through Chief Election Commission Ss. 2(xviii) & 55---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Disciplinary proceedings---Election Commission, jurisdiction of--- Petitioners/civil servants challenged jurisdiction of Election Commission to initiate departmental proceedings against them, especially in the light of the fact that after annulment of election in the constituency they no more remained election officials---Validity---High Court declined to dismiss the petition for the reason that petitioners/civil servants would have a chance to challenge final order to be passed by the Commission on the conclusion of the departmental proceedings---If any proceedings right from their inception were untenable, jurisdiction of High Court to take care of such proceedings/orders could not be abridged on technical grounds---Commission could only proceed against a person till the time he fell within the definition of an election official as contemplated under S. 2(xviii) of Elections Act, 2017---Constitutional petition was maintainable, in circumstances.

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