Law:

Section:

(a) Political Parties Act (III of 1962)------ S.8-B(2) --- Constitution of Pakistan (1973), Arts.199 & 185(3)---Leave,-to appeal was granted to examine questions of law namely: Whether High Court could issue the writ of prohibition to the Election Commission when specially a provision of appeal was provided to the Supreme Court; whether High Court could declare the reference made before the Election Commission as incompetent, without there being evidence of fact that (he petitioner was not a leader of the Parliamentary Party and whether the High Court could restrain the Election Commission from deciding a reference, duly referred to it within the meaning of S.8-B, Political Parties-Act, 1962. (b) Political Parties Act (III of 1969)--- Link 1 --- S.8-B --- Constitution of Pakistan (1973), Art.199 --- Disqualification on ground of defection--'-Constitutional petition --- No attack was made from any quarters that the Election Commission had exercised or was exercising a jurisdiction not possessed by it or had while exercising it exceeded its jurisdiction and no mal­functioning of the Election Commission was alleged --- Held, there was no justification for transference of the adjudicatory power from the Election Commission to the High Court on questions of fact and law --- Legal there should of the bar of its jurisdiction having not been crossed by the Election Commission no adjudication on merits in the nature of a substitutive finding could be recorded and a parallel jurisdiction on the subject-matter of the controversy could not be exercised by the High Court. (c) Constitution of Pakistan (1973)--- Link 2 --- Arts.185 & 199 --- Political Parties Act (III of 1902), S.8-B --- Appeal to Supreme Court- --Constitutional petition before High Court wherein important issues were raised but no discussion or finding on the said issue was found in the High Court --- Supreme Court while setting aside the of' the High Court remanded the matter to High Court for disposing of the Constitutional petition in accordance with law and observed that while this Constitutional petition was awaiting decision on merits in the High Court, there shall be no restraint on the…

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