Law:

Section:

Referendum Order (Chief Executive's Order 12 of 2002)----Arts. 9 & 4(1)---Constitution of Pakistan (1973), Arts.213, 218, 48 & 199---Constitutional petition---Election Commission by virtue of the provisions of Art. 9 of the Referendum Order, 2002 was entrusted with the task of ensuring that the referendum was conducted justly and fairly in accordance with provision of Art.9 of the Referendum Order, 2002 and according to Art.4(1) of the said Order a consequence of a positive result of the referendum was to be that the people of Pakistan shall be deemed to have given the democratic mandate to General Pervez Musharraf to serve the nation as President of Pakistan for a period of five years"---Validity -Petitioner maintained that the sanctity of ballot had grossly and grievously been violated in the referendum and thus the Chief Executive as well as the Chief Election Commissioner had failed to discharge the trust, reposed in them by the nation; that democracy sans sanctity of ballot was merely illusory and a "democratic mandate" flowing from a polluted source could not be treated as sacrosanct; that there was alleged rigging and massive fraud with the nation" had taken place on the day of referendum and thus holding of referendum be declared to be a deceitful, fraudulent and an incredibly horrendous criminal act perpetrated on the people of Pakistan; that in the face of unimpeachable evidence of manufactured, engineered, stage-managed, farcical exercise on the day of referendum it had been found that Chief Executive and the Chief Election Commissioner were incapable of holding free and fair elections; that the High Court had power to issue guidelines and to direct that even though the military coup of 12th October, 1998 stood validated under the doctrine of state necessity yet the Chief Executive had become disqualified to hold the reins of the Government anti steer the nation towards restoration of democracy; that the national as well as international media, besides the informed public opinion as well as the public at large, had concurred in their conclusion about massive rigging and violation of the sanctity of ballot during the referendum denuding the…

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