| Citation(s) |
|---|
| 2013 SLG 1536 2013 SLD 1536 2013 SCMR 461 |
Supreme Court of Pakistan
Constitution Petition No.5 of 2013, decision dated: 13-02-2013. (Challenging the Constitution of Election Commission of Pakistan)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
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Constitution Petition No.5 of 2013, decision dated: 13-02-2013. (Challenging the Constitution of Election Commission of Pakistan)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., GULZAR AHMED AND SH. AZMAT SAEED, JJ
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Dr. MUHAMMAD TAHIR-ULQADRI
VS
FEDERATION OF PAKISTAN through Secretary M/O Law, Islamabad and others
Law:
Section:
(a) Constitution of Pakistan---Arts. 218, 63(1)(c) & 184(3)---Constitutional petition under Art.184(3) of the Constitution challenging the constitution of Election Commission of Pakistan---Maintainability---Locus standi of person holding dual citizenship to file a constitutional petition---Scope---Petitioner had failed to make out a case for exercising the discretionary jurisdiction of Supreme Court under Art.184(3) of the Constitution since violation of any of the Fundamental Rights under Chapter 1 of Part II the Constitution had neither been listed in the petition nor established during course of arguments---Petitioner had also failed to prove his bona fides to invoke the jurisdiction of the Supreme Court coupled with the fact that he had no locus standi to claim relief as prayed for in the present petition, inter alia, for the reasons that being a holder of dual citizenship, he was not qualified to contest the election to the Parliament in view of the constitutional bar under Art.63(1)(c) of the Constitution--- Constitutional petition was dismissed in circumstances. Syed Mehmood Akhtar Naqvi v. Federation of Pakistan PLD 2012 SC 1089 ref. (b) Constitution of Pakistan--- ----Art. 51(2)(c)---Electoral Rolls Act (XXI of 1974), S.6---Person holding dual citizenship---Overseas Pakistanis---Right to vote in general elections conducted in Pakistan---Scope---Overseas Pakistani, whose name had been incorporated in the electoral rolls, could exercise his right of vote, as such right was recognized under the Constitution. Yasmin Khan v. Election Commission of Pakistan 1994 SCMR 113 ref. (c) Constitution of Pakistan--- ----Arts. 204(3), 218 & 184(3)---Contempt of Court Ordinance (V of 2003, S.3---Constitutional petition under Art.184(3) of the Constitution challenging the constitution of Election Commission of Pakistan---Contempt of Supreme Court---Exercise of restraint by the Supreme Court---Petitioner made uncalled for aspersions against Members of the Bench during his arguments, which prima facie tantamount to undermine its authority calling for action against the petitioner for contempt of court under Art.204(3) of the Constitution read with S.3 of the…
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