| Citation(s) |
|---|
| 2018 SLG 728 2018 SLD 728 2018 PLD 366 |
Supreme Court of Pakistan
Constitutional Petitions Nos. 37 to 45, 47 to 51 and 54 of 2017 and Civil Miscellaneous Appeal No. 244 of 2017, decision & hearing Date : 21-02-2018. Under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973.
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE
Dr. Farough Naseem, Advocate Supreme Court, Faisal Farid Chaudhry, Advocate Supreme Court and Syed Rafaqat H. Shah, Advocate-on-Record for Petitioner (in C.P. No. 38 of 2017). M. Ikram Chaudhry, Senior Advocate Supreme Court for Petitioner (in C.P. No. 4
Constitutional Petitions Nos. 37 to 45, 47 to 51 and 54 of 2017 and Civil Miscellaneous Appeal No. 244 of 2017, decision & hearing Date : 21-02-2018. Under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973.
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE
Dr. Farough Naseem, Advocate Supreme Court, Faisal Farid Chaudhry, Advocate Supreme Court and Syed Rafaqat H. Shah, Advocate-on-Record for Petitioner (in C.P. No. 38 of 2017). M. Ikram Chaudhry, Senior Advocate Supreme Court for Petitioner (in C.P. No. 4
ZULFIQAR AHMED BHUTTA AND 15 OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTER OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS AND OTHERS
Law:
Section:
Elections Act (XXXIII of 2017)--- ----Ss. 203 & 232---Constitution of Pakistan, Arts. 17, 62, 63, 63-A & 184(3)---'Party Head' of a political party---Lack of qualification/ disqualification---Articles 62, 63 & 63-A of the Constitution created an integrated framework for ensuring that business of the Parliament was conducted by persons of probity, integrity and high moral character---Under Art. 63-A of the Constitution, the position of Party Head of a political party that had representation in, inter alia, the Parliament had a central role in the performance of duties by the Members of the Parliament---For rendering such a role, a Party Head must necessarily possess the qualifications and be free of the disqualifications contemplated in Arts. 62 & 63 of the Constitution---Provisions of Ss.203 & 232 of the Election Act, 2017 were, thus, liable to be read, construed and interpreted subject to the provisions of Arts.62, 63 & 63-A of the Constitution---Any person who suffered from lack of qualification under Art. 62 or disqualification under Art. 63 of the Constitution was debarred from holding the position of 'Party Head' by whatever name called and prohibited from exercising any of the powers provided in Art. 63-A of the Constitution, as 'Party Head' or any other power in the said capacity under any law, rule, regulation, statute, instrument or document of any political party---Such bar and prohibition shall commence from the date of disqualification and continue till such time that the lack of qualification/disqualification of such person continued in terms of the provisions of Arts. 62 & 63 of the Constitution---Supreme Court directed that all steps taken, orders passed, directions given and documents issued by respondent (Party Head' of a political party) as Party Head after his disqualification by a of the Supreme Court on 28-07-2017 were declared to have never been taken, passed, given or issued in the eyes of the law, and that the Election Commission should remove the name of respondent as President/Party Head of his political party from all relevant record(s)---Constitutional petitions were allowed accordingly. SHORT THIS ORDER…
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