| Citation(s) |
|---|
| 2014 SLG 6 2014 SLD 6 2014 SCMR 101 |
Supreme Court of Pakistan
Civil Miscellaneous Application No. 5959 of 2013, Constitution Petition No.65 of 2009, and Constitutional Petition No.77 of 2010, decision dated: 5-11-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
Nemo for Petitioner (in Civil Miscellaneous Application No. 5959 of 2013 in Constitutional Petition No. 65 of 2009 and Civil Miscellaneous No. 5508 of 2013 in CRP-Nil/2013 and C.M.A. 3258/2013 in Constitutional Petition No. 65 of 2009). Muneer A. Malik, A
Civil Miscellaneous Application No. 5959 of 2013, Constitution Petition No.65 of 2009, and Constitutional Petition No.77 of 2010, decision dated: 5-11-2013
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAWWAD S. KHAWAJA AND AMIR HANI MUSLIM, JJ
Nemo for Petitioner (in Civil Miscellaneous Application No. 5959 of 2013 in Constitutional Petition No. 65 of 2009 and Civil Miscellaneous No. 5508 of 2013 in CRP-Nil/2013 and C.M.A. 3258/2013 in Constitutional Petition No. 65 of 2009). Muneer A. Malik, A
Civil Miscellaneous Application No.5959 of 2013 in Constitution No.65 of 2009 and Civil Miscellaneous Application No.5508 of 2013 in CRP-Nil/2013 in C.M.A. No.3258 of 2013 in Constitutional No.65 of 2009 and Constitutional No.77 of 2010, decided on 5th No
Law:
Section: 14,14(1)(b),15E
Law: Constitution of Pakistan, 1973
Section: 32,140A,25,184(3)
(a) Cantonments Act (II of 1924)---Ss. 14(1)(b) & 15E---Contempt of Court Ordinance (V of 2003), S.3---Constitution of Pakistan, Arts. 32, 140-A, 17 & 184(3)---Constitutional petition under Art. 184(3) of the Constitution seeking conduct of Local Government elections in Cantonment Boards---Contempt proceedings against Secretary Defence for failing to conduct said elections by the deadline provided by the Supreme Court---Deadline for conducting Local Government elections in Cantonment Boards was extended by the Supreme Court up till 15-9-2013 on basis of a written statement/commitment made by Secretary Defence on behalf of the Federal Government---Federal Government through Secretary Defence failed to conduct Local Government elections in Cantonment Boards by the said deadline and sought further extension of time with the plea that the Federal Government contemplated to bring some amendments in the Cantonments Local Government (Elections) Ordinance, 2002, therefore, time might be extended for holding of elections---Validity---Government was always free to make amendments in the laws and could change the composition or constitutionality of the elected bodies, if need be with retrospective effect as well---Statement in writing had been made by the Secretary Defence representing the Federation, for holding the elections on or before 15th September, 2013 but such commitment had not been fulfilled---Reluctance to enforce constitutional provisions for one or the other reason was not understandable---Constitutional provisions could not be allowed to be not adhered to in the name of amendment of the laws---Supreme Court, in circumstances, issued notice of Contempt of Court to the Secretary Defence and directed that two or three options were available with the Federation namely that without any further delay, under the existing laws on the subject, command of the Constitution under Arts. 17, 32 & 140A was to be fulfilled immediately and as other Provinces had already expressed their readiness to hold the elections, therefore, the polls must be held either on 27th November, 2013 or on 7th December, 2013 as these two dates had been agreed by three Provinces;…
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