Law:

Section:

(a) Conduct of General Elections Order [Chief Executive's Order No.7 of 2002]---.--- ---.--- Art. 8AA---.---Constitution of Pakistan (1973), Arts.199 & 184(3) ¬Constitutional petition ---.---Vires of Art.8AA, Conduct of General Elections Order, 2002---.---Vires of Art.8AA having been challenged before the Supreme Court under Art. 184(3) of the Constitution and same being sub judice, taking of cognizance of same matter by the High Court under Art. 199 of the Constitution was not appropriate---.---Principles. Constitutional Petitions Nos.38 and 39 of 2002 ref. Khawaja Ahmad Tariq Rahim v. Federation of Pakistan PLD 1991 Lah. 78 fol. (b) Conduct of General Elections Order [Chief Executive's Order No.7 of 2002]---.---- ---.---Art. 8AA---.---Constitution of Pakistan (1973), Art. 199---.---Constitutional jurisdiction of High Court---.---Scope---.---Aggrieved person---.---Availability of alternate remedy---.---Effect Petitioner in the Constitutional petition contended that provision of Art. 8AA of Conduct of General Elections Order, 2002 was ultra vires the Constitution and apprehended that their nomination papers for the election of Senate would be rejected in view of said Art. 8AA ¬Validity---.---Held, High Court could take cognizance of the matter where no adequate alternative remedy was provided by law for the redressal of an aggrieved person---.---Schedule of Senate Elections having already been announced, petitioners were yet to approach the Election Commission for tiling their nomination papers and in case their papers were rejected they could approach the Election Tribunal---.---Petitioners having not approached the Election Commission for filing of their nomination papers and having directly invoked Constitutional jurisdiction of High Court on the apprehension that the Election Commission would not accept their nomination papers the petitioner only on the basis of their such apprehension, could not be termed as "aggrieved persons" ---.---Petitioner also had the alternate remedy to approach the Election Tribunal and agitate the grounds taken in the Constitutional petition---.---High Court, in circumstances, dismissed the petition. (c) Conduct of General…

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