Law:

Section:

(a) National and Provincial Assemblies (Elections) Ordinance (XIII of 1970), S. 64 (3) read with Constitution of Pakistan (1972), Arts. 249 & 186- Election petition-Article 249 does not control, art. 186-Words "decision of High Court on such appeal shall be final arid shall not be subject to appeal to Supreme Court" in S. 64(3) of Ordinance XIII of 1970, being provisions of sub-Constitutional legislation cannot Soust jurisdiction conferred on Supreme Court by Art. 186 of Constitution-Finality, given by S. 64(3) of Ordinance XIII of 1970, to decision of High Court in appeal from decision of an Election Tribunal-Clearly taken, away by Art. 186 of Constitution-True nature and scope of juris­diction of Supreme Court in election matter determined. The question before the Supreme Court was whether the bar­ created by subsection (3) of section 64 of the National and Provincial Assemblies (Elections) Ordinance, 1970 (viz. that no appeal lies to the Supreme Court from the and decision of the High Court in an appeal from the decision of an Election Tribunal) continued notwithstanding the provisions of Article 186 of the Constitution of Pakistan (1972) giving the Supreme Court jurisdiction to hear and determine appeals from s, decrees, orders or sentences of High Court. Held: Article 249 of the Constitution of Pakistan (1972) does not control Article 186 thereof. Article 186 does not say that the Supreme Court shall have jurisdiction to hear and determine appeals from s, decrees, orders or sentences of the High Court subject to the other provisions of the Con­stitution? but the jurisdiction conferred on the Supreme Court by this Article is only "subject to this Article", It is clear, therefore, that Article 249 does not control the jurisdiction of this Court nor has it anything to do at all with the jurisdiction of this Court. Under Article 186, this Court does not call the election to an Assembly in question but merely determines an appeal from a of the Hip Court which it has delivered while hearing an appeal under subsection (3) of section 64 of Ordinance XIII of 1970. The words of exclusion occurring in, this subsection of the Ordinance, which is a…

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