Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 225, 103 & 199---Representation of the People Act (LXXXV of 1976), S.103-AA---Election dispute---Bar as contained in Art.225 of the Constitution on the jurisdiction of High Court under Art.199 of the Constitution and that of Election Commission of Pakistan---Scope and extent---Absolute bar of jurisdiction of the High Court in election matters is based on misconception of law---Power of judicial review of the High Court is certainly not available as an alternate remedy in the election matter but if the aggrieved person has no other remedy, the bar of jurisdiction contained in Art.225 of the Constitution, may not affect the jurisdiction of the High Court to entertain a petition involving question of law or interpretation of law in respect of an election dispute---In all election matters at all stages, the jurisdiction of the High Court under Art.199 of the Constitution or that of Election Commission of Pakistan, a constitutional forum is not completely ousted by virtue of Art.225 of the Constitution---Election Commission of Pakistan can conveniently take notice of any irregularity/illegality committed during the process of election in an appropriate case in exercise of its powers under S.103 read with S.103-AA of the Representation of the People Act, 1976---Similarly the High Court in a suitable case can interfere in the order passed by the Election authorities during the election process in its constitutional jurisdiction under Art.199 of the Constitution. Election Commission of Pakistan v. Javaid Hashmi PLD 1989 SC 396; Ghulam Mustafa Jatoi v. Additional District and Sessions Judge 1994 SCMR 1299; Ayatullah Dr. Imran Liaquat Hussain v. Election Commission of Pakistan PLD 2005 SC 52; Abdul Majeed Khan v. District Returning Officer 2006 SCMR 1713 and Ch. Muhammad Arif Hussain v. Rao Sikandar Iqbal and others Civil Petition No.1 of 2008 ref. (b) Representation of the People Act (LXXXV of 1976)-------Ss. 39, 52 & 103-AA---Constitution of Pakistan (1973), Arts.225, 199 & 185(3)---Recounting of ballot papers by the Returning Officer under S.39 of the Representation. of the People Act, 1976 and under S.103-AA…

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