Law:

Section:

(On appeal from the dated 5-4-1999 of the High Court of Balochistan, Quetta in Constitutional Petitions Nos. 343 to 348 of 1998). (a) Constitution of Pakistan (1973)--Art. 63A --- Disqualification on ground of defection --- Reference to Chief Election Commissioner-.--Jurisdiction --- Chief Election Commissioner has the jurisdiction to decide the question as to whether the person who had forwarded the reference in respect of defection of certain members was the leader of the party or not --- If, however, there was a genuine dispute as to his being elected as the leader, which being a dispute relating to the political party, Chief Election Commissioner may decline to decide the same and the party may approach the Civil Court if so advised. (b) Constitution of Pakistan (1973)--- ---- Arts. 63A & 185 (3) --- Disqualification on ground of defection --- Reference to Chief Election Commissioner --- Powers and jurisdiction of Chief Election Commissioner --- Scope --- Leave to appeal was granted by Supreme Court to consider the question as to whether the High Court, after having held that no powers were available to the Chief Election Commissioner for resolving in-built organisational structural disputes which might have cropped up in the folds of a political party, was justified in remanding the case to the Chief Election Commissioner for determining whether 'A' was the head of the party or 'B', being a jurisdictional fact; whether the Chief Election Commissioner was competent to decide the dispute as to who was the head of the party in a reference under Article 63A(l) of the Constitution; and whether the Chief Election Commissioner was obliged to inquire into the bona fides of the plea challenging the status of a head of the party in a reference made before him under Article 63A (1) of the Constitution before refusing to adjudicate upon the merits of the reference. (c) Constitution of Pakistan (1973)--- ---- Art. 63A --- Interpretation of Art. 63A, Constitution of Pakistan --- Article 63A, Constitution Of Pakistan containing a non obstante clause had to be construed with other Articles of the Constitution including Art. 63 --- Principles. Since Article 63A of the…

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