Law: Representation of the People Act, 1976

Section: 58

Law: Constitution of Pakistan, 1973

Section: 199,219

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 58---Constitution of Pakistan, Arts. 199 & 219---Constitutional petition---Election Commission---Duties and functions---Petitioner contested election for Provincial Assembly and was declared as returned candidate---Respondent assailed election result and on his application, election petition was transferred to Election Tribunal at place "S" for adjudication---Plea raised by petitioner was that election petition could be transferred by Election Commission and not by Chief Election Commissioner alone---Validity---Election Commission was charged under Art.219 of the Constitution, with duty to appoint Election Tribunals, so transfer application should have been placed before the Commission, as it was done at the time of passing of interim order by the Commission---In absence of other members of Election Commission, Chief Election Commissioner could not decide transfer application single handedly---Powers to transfer proceedings from one forum to another were somewhat administrative and supervisory in nature---Appointing authority of Election Tribunal was Election Commission and not the Commissioner alone, therefore, powers of transfer also vested in Election Commission which were akin and or ancillary and incidental to its main powers of appointing Election Tribunal bearing in mind Art.219 of the Constitution---Determination of jurisdiction was one of the important elements, if justice was based on coram non judice orders, it would have no legal sanction behind it---High Court set aside the order passed by Chief Election Commissioner and remanded the matter to Election Commission to decide transfer application afresh---Petition was allowed in circumstances. All Pakistan Newspapers Society v. Federation of Pakistan PLD 2004 SC 600; Imtiaz Ahmed Lali v. Ghulam Muhammad Lali PLD 2007 SC 369; Dr. Sohrab Ahmed Khan Sarki v. Mir Hassan Khoso and others 2011 SCMR 1084; Imran Khan and others v. Election Commission of Pakistan and others 2012 SCMR 448; Abdul Majeed Khan through L.Rs. v. Ms. Maheen Begum and others 2014 SCMR 1524; Syeda Waheeda Shah v. Election Commission of Pakistan PLD 2013 Sindh 117;…

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