Law: Elections Act, 2017

Section: 190

Law: Constitution of Pakistan, 1973

Section: 199

Elections Act (XXXIII of 2017)--- ----S. 190--- Constitution of Pakistan, Art. 199--- Constitutional petition--- Alternate and efficacious remedy--- Criminal proceedings--- Petitioner sought initiation of criminal proceedings against all those persons who did not declare gifts received from Tosha Khan in their assets declaration form--- Validity--- Jurisdiction of High Court under Art. 199 of the Constitution is subject to limitations specified therein--- High Court may exercise jurisdiction under Art. 199 of the Constitution, where it is satisfied that no other adequate remedy is provided by law to any aggrieved party for redressal of its grievance in his petition---Law under S.190 of Elections Act, 2017, has provided remedies of complaint before Sessions Judge and appeal before High Court---High Court declined to interfere in the matter as adequate remedy of complainant under S. 190 (2) of Elections Act, 2017, was available to petitioner---Constitutional petition was dismissed, in circumstances. Ashok Kumar Pandey v. State of West Bangal and others AIR 2004 Supreme Court 280; Mian Najibuddin Owaisi v. Aamir Yar and others PLD 2011 Supreme Court 1 and Malik Din v. Chairman National Accountability Bureau and another 2019 SCMR 372. ref. Mian Najibuddin Owaisi v. Aamir Yar and others PLD 2011 Supreme Court 1; Muhammad Salman v. Naveed Anjum 2021 SCMR 1675; Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 Supreme Court 1066 and Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2009 Supreme Court 644. rel. JUDGMENT RAHEEL KAMRAN, JUSTICE:---.--- The petitioner has invoked jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ( the Constitution ) praying for a direction to the Election Commission of Pakistan ( ECP ) to file complaints against all members of National and Provisional Assemblies who have not disclosed Toshakhana gifts in their statements of assets and liabilities. 2. Learned counsel for the petitioner contends that the concealment of Toshakhana gifts in the statement of assets and liabilities constitutes an offence under section 137(4) read with section 167(a) of…

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