Law: Elections Act, 2017

Section: 9(1),57(2)

Law: Constitution of Pakistan, 1973

Section: 17,18,148(3),218(3),220,224(2)

Election Act, 2017 (XXXIII of 2017)-- ----Ss. 9(1), 57(2) & 58--Constitution of Pakistan, 1973, Arts. 17, 18, 148(3), 218(3), 220 & 224(2)--Announcement of date of General Election of Punjab Assembly by President--Election program was announced--Withdrawal of election program by election commission--Modification in election program--Breach of constitution--Fundamental right--Duty of election commission--Question of whether commission could extend date of general election beyond period stipulated in constitution--Power to alteration in election program--The Punjab Assembly having dissolved by efflux of time when Governor did not act on advice tendered by then Chief Minister, general election had to be held within 90 days--This was a mandatory constitutional requirement--The Commission could not go beyond that date--It is not just petitioners formally before Court but whole of electorates of Punjab and KPK Provinces and citizens who live there who are aggrieved persons in respect, inter alia, of fundamental rights conferred by Article 17-- The constitutional duty to hold elections as required does not, and cannot, convert duty into a power vis-à-vis other constitutional provisions--The holding of elections cannot be placed at will, of any particular agency or forum, and howsoever exalted its creation or position may be--Power to alter election program is circumscribed and not open-ended--It can only be exercised if ‘necessary for purposes of Act’ and not otherwise--Commission failed to appreciate Article 220 in its true perspective, and did not fully understand its constitutional meaning and import--Petitions disposed of. Constitution of Pakistan, 1973-- ----Art. 224--Time period--Time period(s) imposed by Article 224 for holding of general elections cannot be extended by Commission by reason of any overriding constitutional power claimed to be conferred upon it by Article 218(3) or in terms of 2017 Act, and certainly not in manner and for duration as has been done through impugned order. [P. 636] F Judgment Munib Akhtar, J.--This petition was disposed of by means of the following short order dated 04.04.2023: “For detailed reasons to be recorded later and…

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