Law: Constitution of Pakistan, 1973

Section: 225,224,199,224(4),224(1),224(2),254,Pre amble

Law: Representation of the People Act, 1976

Section: 108,11,11A,52,Preamble

(a) Constitution of Pakistan--- ----Arts. 225, 224 & 199---Representation of the People Act (LXXXV of 1976), Ss. 108, 11, 11-A & 52---Constitutional jurisdiction of High Court---Bye-elections, alteration in Schedule---Bar of Art.225 of the Constitution on adjudication of election disputes by High Court---Scope---Constitutional petition impugning notification issued by Election Commission for alteration in bye-election schedule under S.11-A of the Representation of the People Act, 1976---Maintainability---Alternate remedy---Contention of the respondents that the only remedy available to the petitioner was to file an election petition under S.52 of the Representation of the People Act, 1976 and that jurisdiction of High Court was barred under Art.225 of the Constitution---Held, that interference could be made by the High Court under Art.199 of the Constitution if the order under challenge was without lawful authority, coram non judice, and was based on mala fide---Constitutional petition was maintainable. Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2009 SC 644; Lt.-Gen. (R) Salahuddin Tirmizi v. Election Commission of Pakistan 2008 SCMR 735; Ayatullah Dr. Imran Liaquat Hussain v. Election Commission of Pakistan, Islamabad and another PLD 2005 SC 52; Aftab Shahban Mirani v. President of Pakistan and others 1998 SCMR 1863; Ghulam Mustafa Jatoi v. Additional District and Sessions Judge/Returning Officer, N.A. 158, Naushero Feroze and others 1994 SCMR 1299 rel. (b) Constitution of Pakistan--- ----Arts. 224(4), 224(1), 224(2) & 199---Representation of the People Act (LXXXV of 1976), Ss. 42 & 108---Bye-elections---Constitutional time frame---Declaration of results---Interpretation of Art.224(4) of the Constitution---Term "election", connotation---Question before the High Court was whether there should be clear 120 days between the polling date for bye-elections and the date of expiry of Assemblies; or did the period of 120 days as stipulated under Art.224(4) began from the time of occurrence of the vacancy of the seat for which bye-election was to be held---Held, that Art.224(4) of the Constitution clearly stated that…

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