SUNNI ITTEHAD COUNCIL vs ELECTION COMMISSION OF PAKISTAN Ss — 2025 PLD 67 SUPREME-COURT

Case information

Citation: 2025 PLD 67 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Parties: SUNNI ITTEHAD COUNCIL vs ELECTION COMMISSION OF PAKISTAN Ss
Provisions referred to: 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

SUNNI ITTEHAD COUNCIL VS ELECTION COMMISSION OF PAKISTAN Ss. 215(5), 209 & 210---Constitution of Pakistan, Art. 17(2)---Political party---Failure to conduct intra-party elections---Non-allocation of election symbol---No further penalty beyond the specified non-allocation of an election symbol---It is unequivocal that Section 215(5) of the Elections Act, 2017 prescribes a penal consequence for a political party's failure to comply with the provisions of Section 209 (regarding intra-party elections) or Section 210 (regarding the sources of the party's funds)---The specified penalty of non-allocation of an election symbol curtails the political party's fundamental right to function and operate as a political party-a right implicit in the right to form a political party guaranteed by Article 17(2) of the Constitution---Therefore, Section 215(5) must be construed strictly -- No further penalty or consequence beyond the specified non-allocation of an election symbol can be inferred or assumed from Section 215(5)---Additionally, no other constitutional or statutory right of the political party can be denied on the basis of the non-allocation of an election symbol under this provision.

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