| Citation(s) |
|---|
| 2024 SLG 5003 2024 SLD 5003 2024 PLD 137 |
Constitution Petitions Nos.(s) 10 and 11 of 2024, decided on 26th January, 2024.
Before Shaukat Ali Rakhshani and Sardar Ahmed Haleemi, JJ
Mehta Rajesh Nath Kohli and Mehta Mukesh Nath Kohli for Petitioner along with Petitioner (in Constitutional Petition No. 10 of 2024). Shehzad Aslam and Muhammad Raees, Assistant Directors Election Commission of Pakistan (ECP) for
Respondents Nos. 1 and 2 (in Constitutional Petition No. 10 of 2024). Amir Zaman Jogezai, Additional Advocate General for
Respondents Nos.3 and 4 (in Constitutional Petition No. 10 of 2024). Adnan Ejaz Sheikh, Advocates for
Respondent No.5 (in Constitutional Petition No. 10 of 2024). T.H Khan for
Respondent No.7 (in Constitutional Petition No. 10 of 2024). Mehta Rajesh Nath Kohli and Mehta Mukesh Nath Kohli for Petitioner along with Petitioner (in Constitutional Petition No. 11 of 2024). Shehzad Aslam and Muhammad Raees, Assistant Directors Election Commission of Pakistan for
Respondents Nos. 1 and 2 (in Constitutional Petition No. 11 of 2024). Amir Zaman Jogezai, Additional Advocate General for
Respondents Nos. 3 and 4 (in Constitutional Petition No. 11 of 2024). Adnan Ejaz Sheikh for
Respondent No.5 (in Constitutional Petition No. 11 of 2024). T.H Khan for
Respondent No.8 (in Constitutional Petition No. 11 of 2024). Date of hearing: 25th January, 2024.
SHAZAIN BUGTI---Petitioners
VERSUS
ELECTION COMMISSION OF PAKISTAN (ECP), SECRETARIAT, ELECTION HOUSE and 7 others---Respondents
Law: Elections Act, 2017
Section: 8(b)(c) & 59,
Elections Act (XXXIII of 2017)---
----Ss. 8(b)(c) & 59---Election Rules, 2017, R. 50---Constitution of Pakistan, Arts. 199 & 218(3)---Constitutional petition---Election dispute---Polling stations--Shifting/relocation---Safety and security---Applicability---Petitioners/candidates were aggrieved of shifting/relocation of polling stations---Contention of authorities was that there was perilous law and order situation that could lead to sabotaging the election process or could influence voters or put their lives in danger, therefore, polling stations in question were shifted and relocated accordingly---Validity--Such shifting and relocation of polling stations is prerogative of Returning Officers and District Returning Officers under the supervision of Election Commission of Pakistan, which is duty bound to hold fair and free election as guaranteed under Art. 218(3) of the Constitution as well as Elections Act, 2017 and Rules framed thereunder---Petitioners/candidates failed to resort to the remedy stipulated under S. 8(b) and (c) of Elections Act, 2017, before Election Commission of Pakistan--High Court in exercise of constitutional jurisdiction declined to interfere in the matter as factual controversies were involved regarding distance in between polling stations, and it required thorough probe and evidence---Constitutional petition was dismissed, in circumstances.
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