| Citation(s) |
|---|
| 2018 SLG 2339 2018 SLD 2339 2018 PLJ 328 |
Supreme Court of Pakistan
Constitutional Petitions No. 37 to 45, 47 to 51 & 54 of 2017 and Civil Miscellaneous Appeal No. 244 of 2017, decision & hearing Dated: 21.02.2018. (Under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973)
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIAL, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Dr. Farough Naseem, ASC, Mr. Faisal Farid Chaudhry, ASC and Syed Rafaqat H. Shah, AOR for Petitioner (in CP No. 38/17). Mr. M. Ikram Chaudhry, Sr. ASC for Petitioner (in CP No. 40/17). Sardar M. Latif Khan Khosa, Sr. ASC, Ch. Akhtar Ali, AOR Assisted by
Constitutional Petitions No. 37 to 45, 47 to 51 & 54 of 2017 and Civil Miscellaneous Appeal No. 244 of 2017, decision & hearing Dated: 21.02.2018. (Under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973)
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIAL, JUSTICE IJAZ-UL-AHSAN, JUSTICE
Dr. Farough Naseem, ASC, Mr. Faisal Farid Chaudhry, ASC and Syed Rafaqat H. Shah, AOR for Petitioner (in CP No. 38/17). Mr. M. Ikram Chaudhry, Sr. ASC for Petitioner (in CP No. 40/17). Sardar M. Latif Khan Khosa, Sr. ASC, Ch. Akhtar Ali, AOR Assisted by
ZULFIQAR AHMED BHUTTA AND OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS AND OTHERS
Law:
Section:
Constitution of Pakistan, 1973-- ----Arts. 62 & 63(A)--Election Act, 2017, Ss. 203 & 232--Constitutional petition--Representative of people--Principles of Democracy--Foundations of Democracy--Sovereignty over entire Universe belongs to Almighty Allah alone, and authority to be exercised by people of Pakistan within limits prescribed by Him is a sacred trust";., "wherein State shall exercise its powers and authority through chosen representatives of people--Provisions of Sections 203 and 232 of Election Act, 2017 are liable to be read, construed and interpreted subject to provisions of Articles 62, 63 and 63-A of Constitution. Constitution of Pakistan, 1973-- ----Art. 62 & 63-A--Head of a Political party--Members of Parliament--Party Head must necessarily possess qualifications and be free of disqualifications contemplated in Articles 62 & 63 of Constitution--Any person who suffers from lack of qualification under Article 62 or disqualification under Article 63 of Constitution is debarred from holding position of 'Party Head' by whatever name called and prohibited from exercising any of powers provided in Article 63-A of Constitution, as 'Party Head' or any other power in said capacity under any law, rule, regulation, statute, instrument or document of any political party--Such bar and prohibition shall commence from date of disqualification and continue till such time that lack of qualification/disqualification of such person continues in terms of provisions of Articles 62 and 63 of Constitution--As a result of above declaration, all steps taken, orders passed, directions given and documents issued by Respondent No. 4 as Party Head after his disqualification on 28.07.2017 are also declared to have never been taken, passed, given or issued in eyes of law--Election Commission of Pakistan is accordingly directed to remove name of Respondent No. 4 (Mian Muhammad Nawaz Sharif) as President/Party Head of Respondent No. 3 (Pakistan Muslim League (N) from all relevant record(s)--Petitions were allowed. THIS ORDER PASSED BY: MIAN SAQIB NISAR, CJ.- The Preamble to the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution) provides that,…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492