MIAN SAQIB NISAR, J.--- The petitioner No. 1 is the Government of Punjab and has filed his petition through the lief Secretary of the Province, while petitioner No. 2 is the wile Secretary thereof (hereinafter jointly referred to as e petitioner").
2. Through the present Constitution petition, the ler dated 15.09.2009 passed by the worthy Chief Election commissioner, Pakistan ("CECP") and consequent )reupon the Notification dated 16.09.2009 has been sailed, whereby the bye-elections have been directed to held for the two seats of the National Assembly and two the Punjab Provincial Assembly. The constituencies are k-123 Lahore-VI, NA-55 Rawalpindi-VI, PP-82 Jhang-X d PP-284 Bahawalnagar-VIII. It is primarily the petitioner's se that the electorates of the constituencies have been Iled upon by the CECP to elect their representatives, hout affording an opportunity of hearing to the Petitioner, ich (the Petitioner) practically has to conduct the elections I is obliged under the law to provide all the possible istance, by all means whatsoever, in the whole process Ilection, including the effective control of the law and r situation throughout the campaign and on the polling It is stated that in view of the wave of terrorism which ripped the country especially the Province of Punjab, v and order situation of the Province does not permit ding of the bye-elections and, therefore, by virtue of impugned Order the Petitioner has been deprived of an lity to apprise the worthy CECP about the inces, on account of which it shall be impracticable le elections in a smooth, free, peaceful, fair and )t manner.
Khawaja Haris Ahmad, the learned counsel for er, has explained that the NA-55 Rawalpindi-VI acant because of the resignation tendered by Khan somewhere in March, 2009, PP-82 Jhang-X also due to the same reason (as Mian Azam Chela, MPA resigned on 14.06.2009); the election of Mr. Muhammad Rauf Khalid from PP-284 Bahawalnagar-VIII as the returned candidate, has been declared void by the Election Tribunal vide order dated 10.06.2009, and the order has been upheld by the Honourable Supreme Court on 01.09.2009. As regards NA-123 Lahore-VI, it has been elucidated that in the general elections held in the country in February, 2008, Mr. Javed Hashmi was the returned candidate, who gave up this seat by retaining another from Multan, (which was also won by him) and the Notification for the bye-election on the said seat was issued by the Chief Election Commissioner on 18.06.2008. However, through subsequent Notification, the election was postponed by the CECP. Again vide Notification dated 07.05.2008, the election was fixed for 26.06.2008 and in this process, Mian Muhammad Nawaz Sharif, the former Prime Minister of Pakistan, filed his nomination papers, which were accepted by the Returning Officer; the acceptance was challenged by a contesting candidate before the requisite Tribunal, but on account of the split decision of the two members (of the Tribunal), the order of the Returning Officer remained intact. A writ petition was filed by the opposite side (in those proceedings) challenging the order of the Tribunal, which was accepted, consequent thereupon the nomination papers of Mian Muhammad Nawaz Sharif were rejected. The Federation challenged the above decision before the Honourable Supreme Court and holding of the election in NA-123 was stayed by the apex Court. Anyhow, the CPLA of the Federation was dismissed by the Honourable Supreme Court on 25.02.2009; but, the review was accepted on 26.05.2009 and the Notification for holding the election was thus issued by the CECP on 28.05.2009 for the above constituency as also for NA-55; on account of the report of the Government of Punjab sent to the Chief Election I Commission on 08.06.2009 responding to the query of the Election Commission, the elections were however, postponed; the relevant part of this report reads as below: "2. Credible Source Repots from Minister of Interior as well as Intelligence Agencies have been received that there is serious threat to one of the main contesting candidates in the Constituency and that the terrorists are bent upon to strike at any place/opportunity available to them. It has also been reported that the possibility of suicidal/terrorists attack during the campaign or on polling day cannot be ruled out.
3. Home Department, Government of the Punjab, vide letters dated 25.10.2008, 25.11.2008, 16.12.2008, 24.12.2008 had earlier also intimated the Election Commission of Pakistan that due to serious law and order and precarious internal security situation, it is not possible to conduct elections in the Province of Punjab in a free and transparent manner and that necessary arrangements for the elections cannot be ensured in these circumstances.
4. Government of the Punjab, therefore requests that the conduct of bye-elections in Constituencies No. NA-123, Lahore-VI & NA-55, Rawalpindi scheduled to be held on 30.06.2009 & 04.07.2009 respectively may kindly be postponed till returning of the situation to normality."
"No.F.8(1)/2009-Cord.- In continuation of this Commission's Notification of even number, dated the 5th June, 2009, containing the date of Poll for Bye-Election in Constituency No. NA-123 Lahore-VI; in pursuance of the provisions of Article 6 of the Election Commission Order, 2002, Section 11A of the