| Citation(s) |
|---|
| 2018 SLG 2010 2018 SLD 2010 2018 MLD 1453 |
Islamabad High Court
Writ Petition Nos. 1593, 1705, 1719, 1735, 1804, 1805 and 1806 of 2018, decided on 10-05-2018.
AAMER FAROOQ, JUSTICE MOHSIN AKHTAR KAYANI, JUSTICE
Haseeb Hassan and Raja Aamir Shahzad for Petitioners. Ch. Muhammad Umar for Petitioner (in W.P. No.1735 of 2018). Adil Aziz Qazi, Proxy Counsel for Petitioner (in W.P. No.1705 of 2018). Ch. Saleem Murtaza Mughal, A.A.G., Punjab for Petitioner (in W.P.
Writ Petition Nos. 1593, 1705, 1719, 1735, 1804, 1805 and 1806 of 2018, decided on 10-05-2018.
AAMER FAROOQ, JUSTICE MOHSIN AKHTAR KAYANI, JUSTICE
Haseeb Hassan and Raja Aamir Shahzad for Petitioners. Ch. Muhammad Umar for Petitioner (in W.P. No.1735 of 2018). Adil Aziz Qazi, Proxy Counsel for Petitioner (in W.P. No.1705 of 2018). Ch. Saleem Murtaza Mughal, A.A.G., Punjab for Petitioner (in W.P.
ADIL AZIZ QAZI, CHAIRMAN UNION COUNCILII, MUGHAL, ISLAMABAD
VS
ELECTION COMMISSION OF PAKISTAN THROUGH SECRETARY
Law:
Section:
Elections Act (XXXIII of 2017)--- ----Ss. 4, 5 & 8---Constitution of Pakistan, Arts. 218(3) & 220---Ban on appointments and development funds---Retrospective effect---Election Commission, powers of---Petitioners were aggrieved of the notification issued by Election Commission imposing ban on fresh appointments and development funds as general elections were approaching---Validity---No substantial complaints were on record which amounted to misuse of authority in making appointments or starting projects which resulted the issuance of notification in question---Implications of the notification were drastic as not only commencement of projects had been stopped but completion of existing one had come to a halt---Election Commission, instead, could appoint or issue project specific orders wherever it felt that such was being done to gain advantage in next elections instead of imposition of ban all over Pakistan in carrying out pending projects or commencement of projects and making fresh appointments---Election Commission had given retrospective effect to the notification, as it was issued on 11-4-2018 but had come into effect on 1-4-2018, such notification could not have retrospective effect---High Court set aside the notification in question---Constitutional petition was allowed in circumstances. Election Commission of Pakistan v. Javaid Hashmi PLD 1989 SC 396; Amirzada Khan v. The Chief Election Commissioner PLD 1974 Lah. 178; Workers' Party Pakistan through Akhtar Hussain, Advocate General Secretary and 6 others v. Federation of Pakistan and 2 others PLD 2012 SC 681 and Khawaja Muhammad Asif v. Federation of Pakistan 2013 SCMR 1205 ref. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, J.--- This judgment shall decide the instant petition as well as the petitions, mentioned in the Schedule attached herewith, as common questions of law and acts arise. 2. The petitions were heard on 10.05.2018 and were allowed through short order of the even date. Below are the reasons of our short order dated 10.05.2018. 3. The petitioners, in all the petitions, are aggrieved of and hence have challenged the Notification dated 11.04.2018 issued by Election Commission of Pakistan,…
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