Law: Election Act, 2017

Section: 15, 55, 184,185, 186, 187, 188, 190

Election Act, 2017 (XXXIII of 2017)--

----Ss. 15, 55, 184 to 188 & 190--Pakistan Penal Code, (XLV of 1860), Ss. 164, 171-F, 188, 190, 368 & 386--Punjab Employees Efficiency, Discipline and Accountability Act, (XII of 2006), S. 2(xviii) & 9(b)(1)--Bye-lections--Withholding of result--Order for fresh election--Civil appeal--Order for fact finding inquiry--Dismissal of appeal--Disappearance of presiding officers--Issuance of show-cause notice--Functus officio--Jurisdiction--Dabious nature of disciplinary proceedings--Maintainability--Question of whether commission could initiated disciplinary proceedings against a deputationist even after fate of election in a particular constituency had been declared--Challenge to--Counsel for Commission had not been able to convince High Court that as to what was cavil with Commission to refer matters of petitioners for disciplinary action against them by their parent departments, especially, when they did not fall within definition of election officials as defined under Section 2 (xviii) read with Section 55 of Act, 2017--The persons, who were not formally assigned or deputed any election duty, were not amenable to jurisdiction of Commission--Once result of an election was announced Commission becomes functus officio to take up any matter relating to election against clear cut provisions of Act, 2017 and rules made thereunder--When law requires that a particular act is to be performed in a specific manner, same cannot be allowed to be deviated and any violation on part of executive in that regard is amenable to judicial review by superior Courts--When a “phrase”, “term” or “word” has been defined in a Statute no cross reference can be made to any other statute/enactment to borrow some contrary meanings to disinterest of a party--Charge(s) should be specific providing an opportunity to officer/official to defend himself properly but impugned disciplinary proceedings, having been issued on basis of Show-Cause Notices, which offend against clear cut provisions of Section 9(b) cannot be allowed to remain in field--Upon declaration of fate of election in Constituency, petitioners no more remained election officials, hence, Commission had no jurisdiction to initiated proceedings against them--Petition accepted. [Para 23, 24, 26, 27, 29, 43 & 47] C, D, E, F, G, I & J

2021 SCMR 1979; 2020 SCMR 2129; PLD 2018 SC 189; PLD 2013 SC 255; PLD 2021 SC 260 & PLD 2021 SC 1 ref.