Case Details

Citation(s)
1988 SLG 2895 1988 SLD 2895 1988 SCMR 1986
Supreme Court of Pakistan
Constitutional Petition No.2-R of 1988, decided on 2nd October, 1988. Date of hearing: 2nd October, 1988.
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH, ABDUL KADIR SHAIKH, SHAFIUR RAHMAN, JAVID IQBAL, GHULAM MUJADDID MIRZA, SAAD SAOOD JAN, S. USMAN ALI SHAH, ALI HUSSAIN QAZILBASH AND NAIMUDDIN, JJ

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Law: Representation Of People Act, 1976

Section: 21

(a) Representation of the People Act (LXXXV of 1976)--   ---S.21, [as amended by Representation of the People (.amendment) Ordinance (II of 1985) and Representation, of the People (Amendment) Ordinance (VIII of 1985) ]--Representation of the People (Conduct of Election) Rules, 1977, R.9 (2)--Constitution of Pakistan (1973), Arts. 17(2) 184(3)--Constitutional petition--Provisions of S.21 of the Act (as amended) are violative of Fundamental Rights contained in Art 17(2) of the Constitution in so far as they fail to recognize the existence and participation of Political Parties in the process of elections, particularly in the matter of allocation of symbols and, are for that reason void to that extent--Political Parties, therefore, 5h1) 1 tie entitled to avail of the provisions of R.9(2), Representation of the People (Conduct of Election) Rules, 1977 which empower the election Commission to allot any of the prescribed symbols to a political( party or a combination of two or more political parties who Have agreed to put up joint candidates for elections--Every political ,party, snail be eligible to-participate in the elections to every seat in the National and Provincial Assemblies scheduled to be held on the 16th November, 1988--Petition dismissed--Reasons to be recorded. later.   ORDER MUHAMMAD HALEEM, C.J.--For reasons to be recorded later this Petition under Article 184(3) of the Constitution is allowed and it is hereby declared that:…
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