Law: Constitution of Pakistan, 1973

Section: 213,214,215,216,217,218,219,219(b),220,2 21,222,223,224,224(4),225,226

(a) Constitution of Pakistan (1973)-------Art. 219(b)---Election, organizing of---Scope---Constitution places upon Chief Election Commissioner an obligation to organize election. (b) Constitution of Pakistan (1973)-------Part VIII [Arts. 213 to 226]---Bye-elections---Law and order situation---Effect---Provincial Government sought suspension of bye-election on the ground of law and order situation in the Province---High Court in exercise of Constitutional jurisdiction, suspended the notification issued by Chief Election Commissioner for holding bye­election---Validity---Chief Election Commissioner and Election Commission were absolutely independent with exclusive jurisdiction while performing duties within the terms of Part VIII of the Constitution in which no interference was allowable by any of the parties interested by resorting to any manner and mode---All concerned quarters, namely Federal and Provincial Governments, the Law Enforcing Agencies as well, were under obligation to ensure that Chief Election Commissioner / Election Commission should function independently---Such authorities were also to see that Chief Election Commissioner/Election Commission were properly strengthened enabling them to discharge their Constitutional commitments fairly, freely and without any hindrance and pressure of whatsoever nature---Judgment passed by High Court was set aside by Supreme Court---Appeal was allowed. Muhammad Shafiq Chaudhry v. Province of Punjab through Chief Secretary, Government of Punjab, Lahore and 2 others 1998 SCMR 1957 ref. (c) Constitution of Pakistan (1973)-------Art. 224 (4)---Chief Election Commissioner---Status---Chief Election Commissioner is independent Constitutional authority without trace of subservience and executive authorities are bound to assist the Chief Election Commissioner in organizing or holding of election. Al-Jehad Trust v. Federation of Pakistan PLD 1997 SC 84 and Election Commission of Pakistan v. Javaid Hashmi PLD 1989 SC 396 rel. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, C J.---Civil Appeal No.1410 of 2009 by leave of the Court has been filed against the judgment dated 25-11-2009 of a learned Division Bench of Lahore High Court,…

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