Case Details

Citation(s)
2013 SLG 1648 2013 SLD 1648 2013 SCMR 1480
Supreme Court of Pakistan
Constitutional Petition No.39 of 2013, decision dated: 24-07-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND SH. AZMAT SAEED, JJ
Ch. Muhammad Ashraf Gujjar, Advocate Supreme Court, Ch. Naseer Ahmad Bhutta, Advocate Supreme Court and Dr. Rana Shamim Ahmed, Advocate Supreme Court for Petitioner. Muneer A. Malik, A.G.P. on Court Notice. Syed Sher Afgan, Additional Secretary, ECP for R

Raja MUHAMMAD ZAFAR-ULHAQ, SENATOR

VS

ELECTION COMMISSION OF PAKISTAN through Secretary and 2 others

Law:

Section:

Constitution of Pakistan---Arts. 41(4) & 184(3)---Constitutional petition under Art. 184(3) of the Constitution seeking a direction to the Election Commission of Pakistan to change the schedule for the election of the office of the President of Pakistan---Change in schedule for Presidential Election, 2013 on the directions of the Supreme Court---Election for the office of the President of Pakistan were scheduled for 6th August, 2013 (27th Ramazan, 1434)---Plea of petitioner was that Election Commission should be directed to change such schedule by holding Presidential Election, 2013 on 30th July, 2013 (20th Ramazan, 1434) instead of 6th August, 2013 (27th Ramazan, 1434) on the basis that the last 10 days of Ramazan were normally the days of extensive spiritual and religious activity/worship and quite a number of the legislators might either be in Aitekaf or proceed for Umrah to Saudi Arabia; that 6th August, 2013 would fall on one of the last three days of Ramazan, probably on 27th day of Ramazan, which would be too close to Eid-ul-Fitr and many Parliamentarians might like to proceed to their home-towns by then; that if the Presidential elections were held on 6th August, 2013 (27th Ramazan), the fundamental rights of the Parliamentarians shall be infringed as they would not be able to participate in the Presidential elections in view of their spiritual and religious engagements in the last ten days of Ramazan---Validity---Election of the office of the President of Pakistan was one of the most important constitutional activity, which had to be undertaken by the Election Commission of Pakistan---Election Commission was duty bound to facilitate all the voters and electors, enabling them to exercise their right of franchise for the election of the office of the President of Pakistan---In view of the grounds raised by the petitioner and also to ensure that the Election Commission might discharge its functions, Supreme Court directed the Election Commission to change the schedule for Presidential Election, 2013 with the effect that election was to be held on 30th July, 2013---Constitutional petition was disposed of accordingly. ORDER IFTIKHAR MUHAMMAD CHAUDHRY,…
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