Law: Elections Act, 2017

Section: 8,9,15,95

Law: Constitution of Pakistan, 1973

Section: 199,218(3),224

Elections Act (XXXIII of 2017)--- ----Ss. 8, 9, 15 & 95---Constitution of Pakistan, Arts. 199, 218 (3) & 224---Constitutional petition---Election dispute---Factual controversy---Form 47, authenticity of---Scope---Petitioner / candidate was aggrieved of polling results declared by Election Commission, wherein respondent was declared as returned candidate---Validity---Contesting parties had taken divergent stands in respect of associating petitioner, a candidate, in consolidation process---Whether Form 47 was manipulated or not whether consolidation of results in Form 47 was made in absence of petitioner or not; and whether or not receiving / issuing notice to petitioner was prior to the preparation of Form 47, were all disputed questions of facts and the same could not be resolved in exercise of Constitutional jurisdiction under Art. 199 of the Constitution---Petitioner could file representation under Ss. 8, 9, 15 & 95 of Elections Act, 2017, read with Art.218 (3) of the Constitution before Election Commission of Pakistan---Consolidation of result whether made in presence or absence of petitioner would be resolved by Election Commission of Pakistan while deciding the matter, if agitated before it---Prompt decision by Election Commission of Pakistan would be in the spirit of Arts. 218(3) & 224 of the Constitution by strictly complying the provisions of Elections Act, 2017---High Court in exercise of constitutional jurisdiction declined to interfere in the matter---Constitutional petition was dismissed, in circumstances. Zulflqar Ali Bhatti v. Election Commission of Pakistan and other 2024 SCMR 997; Muhammad Raza Hayat Hiraj and others v. The Election Commission of Pakistan and others 2015 SCMR 233; Aurangzeb Khan v. Election Commission of Pakistan, Islamabad through Secretary and others PLD 2010 SC 34; Muhammad Hussain Babar v. Election Commission of Pakistan, through Secretary and others reported as PLD 2008 SC 495; Jameel Qadir, Muhammad Asif Baloch v. Government of Balochistan, Local Government, Rural Development and Agrovillers Department, Quetta through its Secretary and others 2023 SCMR 1919; Ali Asjad Malhi v. Ms. Syeda Nosheen Iftikhar and…

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