Law: Cantonments Local Government (Elections) Ordinance, 2002

Section: 14

Law: Constitution of Pakistan, 1973

Section: 15,16,17(2),19,140A,199

(a) Cantonments Local Government (Elections) Ordinance (LXXIX of 2002)----S. 14---Constitution of Pakistan, Arts. 17(2), 15, 16, 19 & 199---Local Government Elections on a non-party basis---Fundamental Right to freedom of association and to form and be part of a political party---Constitutionality of non-party elections under S.14 of the Cantonments Local Government (Elections) Ordinance, 2002---Petitioners, who were voters in various wards of the Cantonment challenged the constitutionality of S.14 of the Cantonments Local Government (Elections) Ordinance, 2002 whereby local government elections in the said Cantonment were to be held on non-party basis---Held, that Art.17(2) of the Constitution had been held to guarantee not only the right to form or be a member of a political party but also to operate as a political party and forming of a political party necessarily implied that right of carrying on of all its activities as otherwise the formation itself would be of no consequence---Functioning was implicit in the formation of a political party and said Art.17(2), provided a basic guarantee to the citizen against usurpation of his will to freely participate in the affairs and governance of Pakistan through political activity relating thereto---Right to form or to be a member of a political party had been held to comprise of the right to participate in and contest an election---Freedom of association as enunciated by Art.17 of the Constitution, conferred a fundamental right on every individual to partake in the political governance of the State, whilst concurrently reinforcing the Constitutional mandate to protect and advance such right through a democratic system---Fundamental Rights of freedom of assembly and freedom of speech also served to realize such Constitutional imperative and Art.17(2) of the Constitution therefore, underscored the integrality and importance of a functional political party to democracy---Article 17(2) of the Constitution along with the cluster of other Constitutional freedoms and the evolution of jurisprudence provided a Constitutional springboard for a robust and dynamic political environment, where citizens could profess their…