| Citation(s) |
|---|
| 2024 SLG 5767 2024 SLD 5767 = 2024 PLD 1246 |
Supreme Court of Pakistan
Civil Appeals Nos. 842 and 843 of 2024 (On appeal from the judgment dated 29.05.2024 of the Lahore High Court, Lahore passed in Writ Petitions Nos. 28985 and 31120 of 2024). AND C.M. Applications Nos.5387 and 5388 of 2024 [Stay Applications]
Present: Qazi Faez Isa, CJ, Amin-ud-Din Khan, Jamal Khan Mandokhail, Naeem Akhtar Afghan and Aqeel Ahmed Abbasi, JJ
For the Appellant: Sikandar Bashir Mohmand, Advocate Supreme Court, assisted by Abdullah Noor, Hamza Azmat, Khizar Hayat and Imran Khan, Advocates, Muhammad  Arshad, Special Secretary, ECP, Khurram Shahzad, Addl. DG. Mr. Falak Sher, A.D. (in C.As. Nos. 842 and 843 of 2024). For the Petitioners: Sameer Khosa, Advocate Supreme Court (in C.U.O. No. 72 of 2024). For the Petitioner: Salman Akram Raja, In-person (in C.R.P. No. 318 of 2024). In C.A. 842 of 2024: Salman Akram Raja, in-person for
Respondent No. 1. (in C.R.P. No. 318 of 2024) Shoukat Mahmood, in-person for
Respondent No. 4. Anwar Mansoor Khan, Senior Advocate Supreme Court for
Respondent No. 5. Nemo for
Respondent No. 6. Salman Akram Raja, Advocate Supreme Court for
Respondent No. 7. Uzair Karamat Bhandari, Advocate Supreme Court, assisted by Momal Malik, Advocate for
Respondent No. 9. Abid S. Zuberi, Advocate Supreme Court, assisted by Hira Fatima and Arif Ansari, Advocates for
Respondent No. 12. In C.A. 843 of 2024: Sameer Khosa, Advocate Supreme Court for
Respondent No. 1. Mansoor Usman Awan, Attorney-General for Pakistan, Ch. Aamir Rehman, Additional Attorney-General for Pakistan for the Federation of Pakistan. Date of hearing: 24th September, 2024.
Civil Appeals Nos. 842 and 843 of 2024 (On appeal from the judgment dated 29.05.2024 of the Lahore High Court, Lahore passed in Writ Petitions Nos. 28985 and 31120 of 2024). AND C.M. Applications Nos.5387 and 5388 of 2024 [Stay Applications]
Present: Qazi Faez Isa, CJ, Amin-ud-Din Khan, Jamal Khan Mandokhail, Naeem Akhtar Afghan and Aqeel Ahmed Abbasi, JJ
For the Appellant: Sikandar Bashir Mohmand, Advocate Supreme Court, assisted by Abdullah Noor, Hamza Azmat, Khizar Hayat and Imran Khan, Advocates, Muhammad  Arshad, Special Secretary, ECP, Khurram Shahzad, Addl. DG. Mr. Falak Sher, A.D. (in C.As. Nos. 842 and 843 of 2024). For the Petitioners: Sameer Khosa, Advocate Supreme Court (in C.U.O. No. 72 of 2024). For the Petitioner: Salman Akram Raja, In-person (in C.R.P. No. 318 of 2024). In C.A. 842 of 2024: Salman Akram Raja, in-person for
Respondent No. 1. (in C.R.P. No. 318 of 2024) Shoukat Mahmood, in-person for
Respondent No. 4. Anwar Mansoor Khan, Senior Advocate Supreme Court for
Respondent No. 5. Nemo for
Respondent No. 6. Salman Akram Raja, Advocate Supreme Court for
Respondent No. 7. Uzair Karamat Bhandari, Advocate Supreme Court, assisted by Momal Malik, Advocate for
Respondent No. 9. Abid S. Zuberi, Advocate Supreme Court, assisted by Hira Fatima and Arif Ansari, Advocates for
Respondent No. 12. In C.A. 843 of 2024: Sameer Khosa, Advocate Supreme Court for
Respondent No. 1. Mansoor Usman Awan, Attorney-General for Pakistan, Ch. Aamir Rehman, Additional Attorney-General for Pakistan for the Federation of Pakistan. Date of hearing: 24th September, 2024.
ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad---Appellant
VERSUS
SALMAN AKRAM RAJA and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 219(c), 222(d) & 225
Law: Elections Act, 2017
Section: 140(1), 140(3), 151
(a) Constitution of Pakistan-------Arts. 219(c), 222(d) & 225---Elections Act (XXXIII of 2017), Ss. 140(1), 140(3) & 151---Election Tribunals in Punjab, appointment of---Consultation process between the Chief Justice of the (Lahore) High Court and the Election Commission of Pakistan ("ECP")---Amicable settlement between Constitutional office holders---Through the impugned judgment Single Judge of the High Court held that the Election Tribunals are to be appointed on the recommendation of the Chief Justice of the Lahore High Court---Legality---ECP is a constitutional body and the Chief Justice (of the Lahore High Court) is a constitutional office holder--Both are deserving of the highest respect---Counsel representing the ECP stated that a meeting and meaningful consultation took place between the ECP/Chief Election Commissioner and the Chief Justice of the Lahore High Court and a consensus emerged with respect to appointment of Election Tribunals in Punjab--Report was also received from the Registrar (of the Lahore High Court) which confirmed that the matter was amicably resolved between the Chief Justice of the Lahore High Court and the ECP---Supreme Court was also informed that sufficient number of Election Tribunals will be appointed/constituted immediately---Supreme Court observed that since the present matter has been amicably resolved to the satisfaction of the Chief Justice of the Lahore High Court and the ECP there was no need to decide the present cases; that whenever a party to a dispute/disagreement is a constitutional body or constitutional office holder a cautious approach should be adopted and it must be ensured that adjudication is resorted to as a last resort and when necessitated----Impugned judgment was set aside and also the notification issued pursuant thereto with the direction that anything stated in the impugned judgment should not be referred to before any court---Appeals were allowed accordingly and the listed applications, the review petition and the case under objection were disposed of.Per Jamal Khan Mandokhail, J.; Aqeel Ahmed Abbasi, J. agreeing.(b) Elections Act (XXXIII of…
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