Law: Elections Act, 2017

Section: 218,233,234,236

Law: Constitution of Pakistan, 1973

Section: 199

Elections Act (XXXIII of 2017)--- ----Ss. 218, 233, 234, 236---Constitution of Pakistan, Art. 199---Constitutional petition---Code of Conduct, violation of---Alternate and efficacious remedy---Petitioner/candidate sought respondents/rival candidates to be declared ineligible for contesting elections on the plea of violating Code of Conduct of elections---Validity---If petitioner was aggrieved of order of Nominated Officer/DMO under S. 234 of Elections Act, 2017, he was required to file appeal within three days from order in question before Commissioner, whose order was final---Without availing remedy of appeal, petitioner could not circumvent the procedure provided under the law to directly approach High Court through a Constitutional petition---Party complaining of some violation of statues or law had to first avail remedy/particular mechanism for assailing a particular action provided by that statute before applying for any other remedy---High Court declined to interfere in the matter due to availability of alternate remedy to petitioner under relevant election laws, which remedy was provided by special laws on subject and the same could not be circumvented in ordinary circumstances, especially when no extraordinary circumstances were pointed out---Constitutional petition was dismissed, in circumstances. Muhammad Aslam v. Karachi Development Authority 2004 CLC 308; Saeed Ullah, Line Superintendent v. Chief Executive LESCO Limited and others 2004 SCMR 107; Wajid Rafique Sheikh v. Chamber of Commerce and Industry, Karachi and 19 others 2003 CLD 1293; The Tariq Transport Company, Lahore v. The Sargodha-Bhera Bus Service Sargodha and others PLD 1958 SC 437; Shahida Bibi and others v. Habib Bank Limited and others PLD 2016 SC 995; Zia-ur-Rehman v. Syed Ahmad Hussain and others 2014 SCMR 1015; Muhammad Anwar and others v. Mst. Ilyas Begum and others PLD 2013 SC 255; Khalil-ur-Rehman and another v. Dr. Manzoor Ahmad and others PLD 2011 SC 512; Hafiz Tasadduq Hussain v. Muhammad Din through legal heirs and others PLD 2011 SC 241; Muhammad Mujtaba Abdullah and another v. Appellate Authority/Additional Sessions Judge, Tehsil Liaqatpur, District Rahim Yar Khan 2016 SCMR…

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