Law:

Section:

Senate (Election) Act (LI of 1975)--- ----S. 13(1) & (2)---Constitution of Pakistan, Arts. 199 & 218(2)---Constitutional petition---Locus standi---Petitioner as citizen of Pakistan assailed nomination papers of respondent submitted for senate election---Validity---Senate election could not be challenged at intermediate stage, except where there was no legal remedy available to aggrieved party and where orders of Returning Officer or Election Commission of Pakistan were patently illegal and without jurisdiction, the effect of which would be to disentitle a candidate to participate in elections---Candidate, in such cases could come to High Court in constitutional jurisdiction challenging order of Returning Officer and Election Commission of Pakistan for infringing upon his right to contest elections---Petitioner was not aggrieved person at such stage of election process because fate of respondent's participation in election was yet to be determined---In the event if respondent won the election, right of petitioner to challenge holding of office by respondent as member Senate would accure and petitioner could question the same---Petitioner had no right under Senate (Election) Act, 1975, to participate in election process and he had no direct nexus with senate election---Petitioner could not question qualifications of candidate at scrutiny stage, in constitutional jurisdiction---Petition was dismissed in circumstances. Election Commission of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396; Muhammad Raza Hayat Hiraj and others v. The Election Commission of Pakistan and others 2015 SCMR 233; Intesar Huassain Bhatti v. Vice-Chancellor, University of Punjab, Lahore and others PLD 2008 SC 313; Ch. Muhammad Arif Hussain v. Rao Sikandar Iqbal and 10 others PLD 2008 SC 429; Syed Nayyar Hussain Bukhari v. District Returning Officer, NA-49, Islamabad and others PLD 2008 SC 487; Lt.-Gen. (R) Salahuddin Tirmizi v. Election Commission of Pakistan PLD 2008 SC 735 and Hafiz Hamdullah v. Saifullah Khan and others PLD 2007 SC 52 ref. Dr. Aon Muhammad Khan v. Lt.-Gen. (Retd.) Saeed Qadir and others PLD 1987 SC 490; Sh. Ihsanul Haq Piracha v. Wasim Sajjad and others PLD…