Law: Constitution of Pakistan, 1973

Section: 218,213,199(b)(1)

Law: Constitution of Pakistan, 1973

Section: 218,213,199(b)(1)

(a) Constitution of Pakistan-------Arts. 218, 213 & 199---Constitutional petition---Appointment of Chief Election Commissioner and Members of the Election Commission of Pakistan---Laches---Doctrine of necessity---Applicability---Scope---Petitioners impugned the appointment of the Chief Election Commissioner as well as the Members of the Election Commission of Pakistan on the ground that such appointments were not made in accordance with Art.213 and Art.218 of the Constitution and contended that holding of elections in the near future should not come in the way of making a declaration that the appointments were made without following the prescribed procedure and that the Supreme Court of Pakistan buried the "doctrine of necessity"---Validity---Petitioner had not impleaded the necessary parties as respondents in the present petition, therefore, the constitutional petition had an inherent defect---Impugned appointments were made on 11-8-2011 and 16-7-2012 whereas the present constitutional petition was filed in 2013, therefore, the same was hit by laches---Contention of petitioners that they only came to know about the impugned appointments recently through the electronic media was nothing but a fallacy, and was without force---High Court observed that timing of the present Constitutional petition required attention and a sensitive approach; and in the light of the fact that the tenure of the National and Provincial Assemblies was coming to an end soon, therefore, even if the argument of the petitioners was accepted, even then, at the present stage, High Court shall refrain from issuing a writ; that undoubtedly the Supreme Court had buried the "doctrine of necessity" for all times to come, and that superior courts had become more vigilant in appreciating the intent of any party in bringing any matter before the courts---Constitutional petition, being without merit, was dismissed, in circumstances. Dr. Muhammad Tahir-ul-Qadri v. Federation of Pakistan and others; Haji Saif Ullah's case PLD 1989 SC 166 and PLD 2009 SC 879 rel. (b) Constitution of Pakistan--- ----Art. 199(b)(1)---Constitutional jurisdiction of High Court---Issuance of writ of "quo…

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