Law:

Section:

(a) Referendum Order [Chief Executive's Order No.12 of 2002]-------Art. 3(3)---Constitution of Pakistan (1973), Arts.41(6) & 199--­Constitutional petition---Referendum---Vines of Referendum Order, 2002---Question was framed and a Referendum was held to solicit public opinion on the formulated question and as notified by the Election Commission, majority of the votes cast, were in the affirmative and General Pervez Musharraf was declared to have received democratic mandate from the people "to serve the nation as a President of Pakistan for a period of five years "---Contentions of the petitioner were that the Referendum was massively rigged and it had violated the sanctity of the ballot box and the same was, therefore, of no legal effect; that various newspaper reports and articles appended with the Constitutional petition warranted judicial notice of the High Court and said reports could be considered as evidence and that no further recording of evidence was called for in support of the allegations levelled- in the petition; that in a case of the type no quantification was necessary as the overall-effect of the newspaper reports and articles published by the leaders of different opinions proved beyond doubt that sanctity of the entire process stood eroded and something which was too apparent, did not need quantification; that the newspaper reports, press clippings. and various articles published in different newspapers after Referendum, were never specifically contradicted by the Election Commission of Pakistan which was indicative of the fact that the allegations levelled had been accepted; that the actions of the Government including that of Election Commission of Pakistan could be examined by the High Court in its Constitutional jurisdiction and that a Member of the Election Commission of Pakistan had rosined and in an interview lie categorically declared that Referendum was unconstitutional and said resignation was a further proof that the Referendum held was not only illegal but was conducted in a manner, which was unfair and lacked transparency ---Validity--­Referendum Order, 2002 was a validly promulgated Order of the Chief Executive which empowered…

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