Pakistan Case Law← Search
PLD 2014 Supreme Court 463

ELECTION COMMISSION OF PAKISTAN through Secretary vs PROVINCE OF

CitationPLD 2014 Supreme Court 463
CourtSupreme Court of Pakistan
Case No.Civil Appeal No,297 of 2014
Date2014-03-19
Judge(s)Khilji Arif Hussain, Sh. Azmat Saeed, Tasaddaq Hussain Jillani
ResultOrder accordingly

ORDER

' TASSADUQ HUSSAIN JILLANI, C J.---We have heard learned counsel for the appellant, for the respondents, learned Advocate-General, Punjab and learned Attorney General for Pakistan.

2. For reasons to be recorded later in the detailed judgment, we hold, declare and direct as under:- -

(i) that the power to hold elections of the Local Government stands vested in the Election Commission of Pakistan in terms of Article 140A of the Constitution of Islamic Republic of A Pakistan.

The Election Commission of Pakistan has been mandated to "organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against (Article 218(3) of the Constitution);

(ii) that Sections 8 to 10 of the Punjab Local Government, Act, 2013 and the relevant Rules framed thereunder are ultra vires of the Constitution insofar as they empower the Provincial Government to carry out the delimitation of the constituencies for the Local Government;

(iii) that since the delimitation of constituencies of the Local Government is part of the process of organizing and holding elections honestly, justly and fairly which, is the Constitutional mandate of the Election Commission of Pakistan, the power to carry out such delimitation should vest with the Election Commission of Pakistan.

(iv) that since the holding of election of Local Government has been delayed for more than nine, years, which is violative of the Constitutional command, we are persuaded to direct the Governments, Federal and Provincial (of Punjab) to carry out appropriate amendments/legislation to empower the Election Commission of Pakistan to initiate and carry out the process of delimitation of constituencies for the Local Government Elections. This exercise should be completed within a period of five months from today and the Election Commission of Pakistan shall thereafter take requisite measure to carry out the process of delimitation of constituencies for the Local Government expeditiously so as to complete the same within a period of 45 days of the enactment/amendments in laws in terms of this order. The Election Commission of Pakistan shall further ensure that the announcement of election schedule and the process of holding it is complete by or before 15th of November, 2014.

' The appeal stands disposed of in terms noted above.

Cited by 5 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search