Law: Constitution of Pakistan

Section: 170

(a) Constitution of Pakistan, Art. 170-----Elections-Writ of mandamus-Petition must show some present right or interest of petitioner which has been threatened-Joint electorates for elections to East Pakistan Assembly and to National Assembly from East Pakistan prescribed by S. 3, Electorate Act (XXXVI of 1956), resulting possibly in Hindu voters not voting for petitioner who was a Muslim Leaguer-No justification for issue of writ of mandamus-Constitutionality of Legislation not to be examined on a mere petition without special injury.   The petitioner had alleged that by the passing of the Electorate Act (XXXV.I of 1956) by the National Assembly, section 3 of which prescribed joint electorate for elections to the East Pakistan Assembly and to the National Assembly, from East Pakistan, his prospects at the election in the future had been affected seriously, in that, the petitioner being a Muslim Leaguer, Hindu voters, in a joint electorate, would not vote for him. The petitioner therefore sought to impugn the Electorate Act by a petition for a writ of mandamus.   Held, that the petitioner had no existing right to apply for a writ of mandamus; he had no immediate interest of his own which had been affected or threatened to be affected by the impugned ct.   The petitioner's rights not being directly affected, he could not raise the question of the constitutionality of the Act.   The prospective right of franchise of the petitioner is not enforceable by invoking the extraordinary writ jurisdiction of the High Court.   Moreover, the petitioner's right to stand 4s a candidate for elections either to the East Pakistan Provincial Assembly or to the National Assembly had not yet accrhed, because no Electorate laws, as contemplated in Article 144 under Chapter VIII of the Constitution, had yet been enacted.   The petitioner's right at present was non-existent, being only potential and inchoate.   In no country was the constitutionality -of a statute examined on a mere petition to a superior Court. In other words, advisory opinions or declaratory judgments on the constitutionality of legislation could not be given apart from…