Case Details

Citation(s)
2020 SLG 97 2020 SLD 97 2020 PLD 20
Islamabad High Court
Writ Petition No. 2869 of 2019 decision Dated: 06-08-2019.
MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Raja Aleem Khan Abbasi

ALAM DAD LALEKA

VS

ELECTION COMMISSION OF PAKISTAN

Law: Elections Act, 2017

Section: 234(4)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Code of Conduct for General Elections, 2018

Section: Clause.53,54

Elections Act (XXXIII of 2017)--- ----S. 234(4)---Code of Conduct for General Elections, 2018, Cls. 53 & 54---Constitution of Pakistan, Art. 199---Election for the seat of Member National Assembly---Violation of Code of Conduct---Show cause notice to the candidate---Petitioner-candidate having already filed constitutional petition before Lahore High Court wherein impugned order had been suspended---Islamabad High Court, territorial jurisdiction of---Scope-Impugned order had been passed by the Election Commission of Pakistan within territorial jurisdiction of Islamabad High Court---High Court (Islamabad) had jurisdiction to issue a writ of certiorari against the orders passed by Election Commission of Pakistan---Petitioner, in the present case, had already assailed the orders passed by the Election Commission of Pakistan before High Court (Lahore)---High Court (Islamabad) should not interfere in the proceedings before Election Commission of Pakistan when there was nothing preventing the petitioner to challenge orders of Commission before High Court (Lahore) which had already seized of the matter---Litigant who had challenged a show cause notice before the High Court of one Province could not be permitted to assail orders passed in the proceedings pursuant to the show cause notice before the High Court of other territory---Constitutional petition was dismissed in limine. Salahuddin Tirmizi v. Election Commission of Pakistan PLD 2008 SC 735 rel. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant writ petition, the petitioner, Alam Dad Laleka, impugns the orders dated 10.06.2019 and 01.07.2019, passed by the Election Commission of Pakistan ("E.C.P.") in Case No.F.1(4)/2017- MW (Bahawalnagar). 2. The petitioner had contested the election to the National Assembly from constituency NA-167 (Bahawalnagar-II) and had won by securing 91,349 votes. The runner up, Mian Mumtaz Ahmed Matayana, is said to have secured 49,526 votes. 3. A few days prior to the elections, the Deputy Commissioner/ District Monitoring Officer, Bahawalnagar passed an order dated 20.07.2018, whereby a fine of Rs.50,000/- was imposed on the petitioner after finding him…
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