Law: Constitution of Pakistan, 1973

Section: 175,199

Law: Elections Act, 2017

Section: 167,173

(a) Constitution of Pakistan--- ----Arts. 175 & 199---Constitutional jurisdiction---Islamabad High Court---Territorial jurisdiction---Scope---Jurisdiction of Islamabad High Court under Art. 199 of the Constitution is extended to any person carrying on affairs of Federation, a Province or a Local Authority within territorial jurisdiction of court---Jurisdiction of Islamabad High Court is somewhat different from other four provincial High Courts inasmuch as jurisdiction of provincial High Courts is extended to the extent of Federation, a Province and Local Authority---Islamabad Capital Territory is not a province but has special status of Federal Capital and jurisdiction of Islamabad High Court extends to Federation, affairs of Islamabad Capital Territory and Local Authorities. Lt.-Gen. (R) Salahuddin Tirmizi v. Election Commission of Pakistan PLD 2008 SC 735 fol. (b) Elections Act (XXXIII of 2017)--- ----Ss. 167 & 173---Constitution of Pakistan, Arts. 62(1)(f) & 199---Constitutional petition---Quo warranto, writ of---Disqualification of candidate---Mis-statement---Concurrent jurisdiction was voter and had sought disqualification of respondent who was notified as Member of Provincial Assembly---Plea raised by petitioner was that he made mis-declaration regarding his educational qualification--- Validity---Conduct of elections under the Constitution was sole responsibility of Election Commission of Pakistan hence all elections were conducted by such Constitutional body--- Election Commission of Pakistan as Constitutional body fell within the definition of "person carrying on affairs of Federation" for the purposes of Art. 199 of Constitution---Election Commission of Pakistan had its principal establishment at Islamabad with regional offices in four Provinces---Notification of a returned candidate was issued by principal office of Election Commission of Pakistan and record as well as affairs of all elected representatives whether of parliament (National Assembly and Senate) or provincial assemblies were regulated by Election Commission of Pakistan from Islamabad--- Islamabad Capital Territory in such matters had concurrent jurisdiction with provincial…

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