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SUNNI ITTEHAD COUNCIL vs ELECTION COMMISSION OF PAKISTAN arts — 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 arts
Subject matter
Family

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 arts. 218 & 187(1)---Election Commission of Pakistan, duty of---Scope---Electoral justice and integrity---Power of the Supreme Court to do complete justice for protection of democracy---Election authorities, as "electoral management bodies", are the "guarantor institutions" of democratic processes and are critical to democratic governance, akin to a "fourth branch of government"---Their constitutional role is to ensure the conduct of elections by providing an equal and fair competitive field for all political entities and protect citizens' rights to vote---as an impartial steward of the electoral process, the Election Commission of Pakistan is not only an administrative body but also a guardian of electoral integrity and democracy's legitimacy---When election authorities engage in actions that undermine these principles, such as unlawfully denying the recognition of a major political party and treating its nominated candidates as independents, they not only compromise the rights of these candidates but also significantly infringe upon the rights of the electorate and corrode their own institutional legitimacy---When the Election Commission errs or makes significant mistakes impacting the electoral process, judicial intervention becomes necessary to rectify them and ensure electoral justice---Electoral justice is vital to protecting political and electoral rights and is intertwined with electoral integrity---Role of the Supreme Court of Pakistan in overseeing electoral integrity is crucial for sustaining public trust in the democratic process, and the Court's power to do "complete justice" is a critical tool in the constitutional arsenal of the Supreme Court, enabling it to prevent democratic backsliding, and protect democracy effectively with a focus on the electorate's rights---Denying electoral justice and compromising electoral integrity would undermine the very legitimacy of democracy.

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