ASIF HUSSAIN vs ELECTION COMMISSION OF PAKISTAN through Chief Election Commission Ss

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ASIF HUSSAIN VS ELECTION COMMISSION OF PAKISTAN through Chief Election Commission Ss. 48 & 55---Disciplinary proceedings---Election Commission, jurisdiction of---Petitioners/civil servants performed election duties and on conclusion of elections, Election Commission issued show cause notices to them for initiating disciplinary proceedings against them---Validity---According to S. 55(1) of Elections Act, 2017, a person can be deemed to be under the control, superintendence and discipline of the Commission for the period commencing from his date of appointment or deputation till publication of name of returned candidate in Official Gazette---Both the relevant Provincial laws as well as Federal Rules relating to efficiency and discipline of civil servants provide complete mechanism to proceed against an official/officer and any order passed in derogation of such procedure cannot be allowed to hold the field merely on technical grounds that High Court cannot adjudicate upon a dispute relating to terms and conditions of government servants---Merely declaring the Commission as competent authority to conduct disciplinary proceedings against an election official does not empower it to by-pass the procedure provided under the relevant law---When law requires that a particular act is to be performed in a specific manner, the same cannot be allowed to be deviated and any violation on the part of the Executive in such regard is amenable to judicial review by superior courts---Election Commission, under S. 55 of Elections Act, 2017 can initiate disciplinary proceedings against an election official, who remains election official for the period starting from date of his appointment/deputation for election till the date that fate of election in the constituency is declared---After declaration of fate of election held in the Constituency, petitioners/civil servants did not remain subject to its superintendence and control---Upon declaration of fate of election in the Constituency, petitioners/civil servants no more remained election officials, hence, the Commission had no jurisdiction to initiate proceedings against them---High Court set aside disciplinary proceedings initiated by Election Commission against petitioners/Civil servants as the same were coram-non-judice---If the Election Commission thinks that the petitioners/civil servants were involved in any subversive activities during their deployment in election duty, it would be at liberty to refer the matter to their parent departments for initiation of proceedings under relevant law---Constitutional petition was allowed accordingly.

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

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