Law: Constitution of Pakistan, 1973

Section: 199

Summary of Case This batch of constitutional petitions concerns disputes over the cooperative housing society elections held on 27.12.2025. The Petitioners challenge the legality of the election process, alleging that the Receiver’s mandate had ended, the nomination scrutiny was incomplete, objections were not decided, quorum requirements were not met, and the Nazir proceeded on defective material, rendering the entire process void. The Respondents argue that the elections were conducted strictly under court directions, the nomination list had already been finalized, and no substantial illegality occurred. They further contend that contempt proceedings are already pending before a superior court regarding the same election issues. The Court held that since the same subject matter (compliance with earlier orders, quorum, and validity of elections) is already under consideration in contempt proceedings before the Federal Constitutional Court, parallel adjudication should be avoided due to judicial comity and risk of conflicting findings. Therefore, the petitions were disposed of without deciding merits, with liberty to approach the appropriate forum after the contempt decision. Constitutional Provisions Used Article 199 – Constitutional jurisdiction of High Court (Implied principles) Judicial comity / restraint doctrine (not a section, but applied principle) Laws / Legal Principles Involved Constitutional jurisdiction (Article 199) Doctrine of judicial propriety & comity of courts Contempt proceedings (pending before superior court) Election law principles (quorum, nomination scrutiny, due process in elections) 2 Two-Word Case Descriptions Election Dispute Jurisdictional Restraint       O R D E R By this common Order, we intend to dispose of the instant constitutional petitions along with the connected application, as they arise out of the same set of facts and circumstances and involve identical and interrelated questions of law and fact. In the earlier round of litigation, the Petitioners had instituted C.P. No. D-4458 of 2025, which came to be disposed of by this Court vide Order dated 30.09.2025, whereby, inter alia, the…