| Citation(s) |
|---|
| 2003 SLG 866 2003 SLD 866 2003 SCMR 390 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 38 of 2002, 2, 3, 4; 7, 8, 11, 12, 13, 14, 18, 19, 20, 23 and 24 of 2003, decided on 10th February, 2003. dates of hearing: 6th and 7th February, 2003
SH. RIAZ AHMED, CJ, MUNIR A. SHEIKH, NAZIM HUSSAIN SIDDIQUI, IFTIKHAR MUHAMMAD CHAUDHRY AND QAZI MUHAMMAD FAROOQ, JJ
M.A. Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner (in Constitutional Petition No. 38 of 2002). Syed Hamid Ali Shah, Advocate Supreme Court for Petitioner (in Constitutional Petition No. 2 of 2003). Syed Hamid Ali Shah
Constitutional Petitions Nos. 38 of 2002, 2, 3, 4; 7, 8, 11, 12, 13, 14, 18, 19, 20, 23 and 24 of 2003, decided on 10th February, 2003. dates of hearing: 6th and 7th February, 2003
SH. RIAZ AHMED, CJ, MUNIR A. SHEIKH, NAZIM HUSSAIN SIDDIQUI, IFTIKHAR MUHAMMAD CHAUDHRY AND QAZI MUHAMMAD FAROOQ, JJ
M.A. Siddiqui, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner (in Constitutional Petition No. 38 of 2002). Syed Hamid Ali Shah, Advocate Supreme Court for Petitioner (in Constitutional Petition No. 2 of 2003). Syed Hamid Ali Shah
JAVED JABBAR and others=s
VS
FEDERATION OF PAKISTAN and others
Law: Conduct of General Elections Order (7 of 2002)
Section: 8AA
Law: Constitution of Pakistan, 1973
Section: 184(3),25
Conduct of General Elections Order [Chief Executive's Order No.7 of 2002]-- ----Art.8-AA [as inserted by Conduct of General Elections (Eighth Amendment) Order [Chief Executive's Order No.34 of 2002], Art.2--Constitution of Pakistan (1973), Arts. 184(3) & 25---Constitutional petition under Art. 184(3) of the Constitution before Supreme Court--Disqualification from being a member of the Senate ---Vires of Art.8-AA, Conduct of General. Elections Order, 2002---Held, Article 8-AA, Conduct of General Elections Order, 2002 is discriminatory in nature and as such violative of Art.25 of the Constitution---Disqualification attributed to defeat in consequence of lawful act of contesting election of the National and Provincial Assemblies should have been provided in the original Conduct of General Elections Order, 2002 itself, so that, the affected persons should have got an opportunity to avoid suffering from such disqualification. SHORT ORDER SH. RIAZ AHMED, C.J.--Through this common short order, we propose to dispose of the captioned petitions which were filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, assailing insertion of Article 8-AA in the Conduct of General…
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