Law: Political Parties Order (20 of 2002)

Section: 2,5(1),5(3)

Law: Constitution of Pakistan, 1973

Section: 199,260

Political Parties Order (20 of 2002)--- ----Arts. 5(1) & 5(3)---Constitution of Pakistan, Arts. 63(1)(k), 199 & 260---Constitutional petition---Disputed question of fact---Allocation of election symbol---Petitioner was aggrieved of order passed by Election Commission of Pakistan where her request to register a political party by name of 'Pakistan People's Party' and its symbol of sword was rejected and same name was allotted to respondents---Petitioner contended that she was never member of political party namely Pakistan People's Party (Parliamentarians) though she had contested elections on its ticket---Validity---Petitioner had admittedly contested elections on ticket of Pakistan People's Party and she neither resigned nor was expelled from its membership---Pakistan People's Party (Parliamentarians) had not raised objection relating to allocation of symbol pursuant to acceptance of application of respondent---Tacit approval appeared as was evident from order of Election Commission of Pakistan---High Court declared that there was no legal infirmity with order passed by Election Commission of Pakistan nor were factual determinations perverse or fanciful---Plea raised by petitioner raised a disputed question of fact which could not be resolved while exercising powers under Art. 199 of the Constitution---High Court declined to interfere in the matter---Constitution petition was dismissed in circumstances. Air Marshal (Retd.) Muhammad Asghar Khan v. General (Retd.) Mirza Aslam Baig, former Chief of Army Staff and others PLD 2013 SC 1; Munir Ahmad v. Asif Ali Zardari and others, Cri. Original No.1373-W of 2012; Dr. M.A. Haseeb Khan and others v. Sikandar Shaheen and 9 others PLD 1980 SC 139; Ghulam Muhammad and another v. Mst. Noor Bibi and 5 others 1980 SCMR 933; Khawaja Muhammad Akhtar v. President, Cantonment Board, Sialkot Cantt. Election Authority (Tribunal) and another 1981 SCMR 291; Benedict FD' Souza v. Karachi Building Control Authority and 3 others 1989 SCMR 918; Federation of Pakistan and 2 others v. Major (Retd.) Muhammad Sabir Khan PLD 1991 SC 476; Muhammad Younis Khan and 12 others v. Government of N.W.F.P. through Secretary, Forest and…

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