Law: Constitution of Pakistan, 1973

Section: 15,16,17,19,199,218(3),220

Constitution of Pakistan, 1973-- ----Arts. 199 & 218(3)--Conducting of bye-elections--Violation of code of conduct--Initiation of proceedings--Participation in bye-elections--Mandate of election commission--Legal incompetence--Violation of fundamental rights--Concurrent jurisdiction--Maintainability--ECP in pursuance of referred directions and under law issued impugned notifications by placing restrictions on all members of National Assembly and/or Provincial Assemblies not to visit Constituencies where bye-elections are being held--This was done primarily to ensure that elections are fair and free and no interference is made by sitting members of National Assembly and/ or Provincial Assemblies or various voters in any manner--Impugned notifications fall within mandate entrusted to ECP hence same are within authority of Commission--Notifications in question do not suffer from any legal incompetence regarding their issuance--There is no cavil with argument that Fundamental Rights enshrined in Constitution are to be given sanctity and upheld at all costs--However, balance is to be drawn between fundamental rights guaranteed under Constitution and duties placed on ECP under Constitution--Matter pertains to Constituencies which fall in Punjab yet since ECP has initiated matter of issuance notice for violation of Code of Conduct and said proceedings are being conducted in Islamabad, therefore, this Court has concurrent jurisdiction alongwith Hon'ble Lahore High Court--ECP though is an executive authority but has power and domain to enforce its order and conduct inquiry which is needed, as case may be--Petition was dismissed. PLD 2012 SC 681, ref. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, J.- Through the instant petition, the petitioner has challenged notifications dated 07.05.2015 and 16.09.2015, issued by respondent No. 1, as well as initiation of process/ proceedings by the Election Commission of Pakistan ("ECP") against him. 2. The facts, in brief, are that the petitioner is the chairman of Pakistan Tehreek-e-Insaf ("PTI") and member of National Assembly from NA-56, Rawalpindi. He was served with notice by the ECP regarding violation of the Code of Conduct…

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