Law:

Section:

(a) Representation of the Peoples Act (LXXXV of 1976)-------Ss. 52 & 103---Constitution of Pakistan (1973), Arts. 218, 225 & 199--­Constitutional petition---Petitioner having been declared elected Member of Provincial Assembly was subsequently de-notified by Election Commission on report of Returning Officer on basis of revised result---Validity---Petitioner's main contention was that he having been notified as Member of Provincial Assembly, no proceedings could be entertained to challenge such election except by way of election petition on account of mandate of Art. 225 of the Constitution and import of S.52, Representation of the People, Act, 1976--­Election Commission had been entrusted with task of ensuring free and fair elections and to achieve such objective it could review order passed by any officer under. S. 103, Representation of the Peoples Act, 1976; it could pass consequential orders and instructions which might be necessary; and orders and actions of Election Commission could not be called in question except by election petition---Returning Officer having gained knowledge that several illegalities had been committed by Election Staff; that result had been changed or tampered with; and that election result declaring petitioner to have been elected was based on forged document had informed Election Commission of his such finding whereupon petitioner was de-notified as Member Provincial Assembly and respondent was notified as being elected Member---Exercise initiated by Returning Officer whereupon Election Commission was seized of the matter and order in question passed, such action was part of election process within Constitutional mandate of Election Commission to take the same to logical conclusion---Such process could not have been obstructed by Constitutional petition---Petitioner's plea that after issuance of notification declaring petitioner to be elected, Election Commission had become functus officio and that notification could not have been rescinded as decisive step had already been taken and petitioner had taken oath was not tenable, for if order was illegal then principle of locus poenitentiae would not be…

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