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

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SUNNI ITTEHAD COUNCIL VS ELECTION COMMISSION OF PAKISTAN Ss. 215(5), 98 & 67(3)---Constitution of Pakistan, Art. 17(2)---Whether a candidate nominated by a political party ineligible to obtain an election symbol be mentioned as an independent candidate in the list of contesting candidates (Form-33), and can such a returned candidate be notified as an independent returned candidate in the Section 98 Notification?---Right to participate in and contest elections as a political party through its nominated candidates is a fundamental right guaranteed by Article 17(2) of the Constitution---This right is not, nor can it be, extinguished by any provision of the Elections Act, 2017 including Section 215(5) thereof---Depriving a political party of participating in and contesting elections through its nominated candidates, destroys the political existence of the party and is tantamount to its political extermination and virtual dissolution, which cannot be done except by the procedure and on the grounds provided in Article 17(2) of the Constitution---Similar would be the position if the candidates nominated by a political party are denied the status of being the candidates of that political party and are mentioned as independent candidates in the list of contesting candidates (Form-33), or such returned candidates are notified as independent returned candidates in the Notification under section 98 of the Elections Act, 2017---Such actions of the Returning Officers and the Election Commission of Pakistan would also be ultra vires Article 17(2) of the Constitution, as they effectively nullify the party's right to participate in and contest elections---Notwithstanding that a political party has been declared ineligible to obtain an election symbol, its nominated candidates cannot be mentioned as independent candidates in the list of contesting candidates (Form 33), despite allotment of different election symbols to them under Section 67(3) of the Elections Act, 2017 nor can they be notified as independent returned candidates in the Section-98 Notification.

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

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