Imran Ahmad Khan Niazi vs Election Commission of Pakistan arts — 2025 YLR 271 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 271 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Imran Ahmad Khan Niazi vs Election Commission of Pakistan arts
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

Imran Ahmad Khan Niazi VS Election Commission of Pakistan arts.4, 5, 62(f), 218(3), 219(a) & 219(b)---Elections act (XXXIII of 2017), Ss.8(c) & 9---Civil Procedure Code (V of 1908), O.XXVII-a---Jurisdiction of High Court to interfere with the decision of the Election Commission of Pakistan (ECP)---Scope---Issuance of notice and passing of declaration by the ECP upon a reference against the petitioner---Legality--Petitioner raised a constitutional point that whether the ECP could pass any declaration, which was not mentioned under art.218(3) of the Constitution, and only words used therein are to "conduct" and "organize" election, which is further specified in art.219(a)(b)---Contention of the petitioner was that prior to deciding the validity of notice issued and order passed by the ECP, it was necessary to frame and formulate constitutional moot points---Validity---Present case related to interpretation of articles of the Constitution and certain provisions of the Elections act, 2017, involving infringement of fundamental rights of the petitioner as per arts.10-a, 4 & 5 of the Constitution---High Court framed/ formulated certain constitutional moot points and after issuing notices to the respondents separate notices were also issued to the attorney General for Pakistan and advocate General Punjab in terms of Order XXVII-a of C.P.C.---High Court passed injunctive order to the effect that no adverse action shall be taken against the petitioner in view of dicta laid down by Supreme Court of Pakistan that the court can interfere in the ECP's decisions when these involve the exercise of illegal, or mala fide, or manifestly arbitrary or unjustifiable jurisdiction---High Court admitted the constitutional petition and issued notices, in circumstances.

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