Law:

Section:

(a) Political Parties Act (111 of 1962)-------S. 8-B---Constitution of Pakistan (1973), Arts. 63 & 187---Supreme Court Rules, 1980, O. XXIII, R. 6---Appeal against decision of Election Commission---Supreme Court can go into the question of competency of the appeals filed before it under S.8-B/ Political Parties Act, 1962 and can also decide question of vires of S.8-B of the said Act to the limited extent of forums envisaged under S.8-B of the Act which are different from the forum of the Chief Election Commissioner, envisaged in Art. 63 of the Constitution of Pakistan (1973)--Article 187 confers upon Supreme Court ample power to do complete justice and give finding to that effect about competence of forum. Determination of question of forum involves question of jurisdiction. Direct appeals are filed before the Supreme Court under section 8-B of the Political Parties Act, 1962,; which is in conflict with Article 63 of the Constitution providing only one forum of the Chief Election Commissioner without providing further forum of appeal before the Supreme Court. The Supreme Court exercises jurisdiction which is conferred upon it by the Constitution or by or under any law as is contemplated under Article 175(2) of the Constitution. The Supreme Court exercises original jurisdiction, appellate jurisdiction and advisory jurisdiction and exercises power to transfer cases as is contemplated under Articles 184 to 186-A of the Constitution. and Article 184(3) of the Constitution this Court can exercise jurisdiction without prejudice to Article 199 if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by Chapter 1 of Part II is involved and has power to make an order of the nature mentioned in that Article. Under Article 187 the Supreme Court has power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing attendance of any person or discovery or production of any document. Question for consideration in the present case was whether the Supreme Court could go into the…

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