Professional Documents
Culture Documents
(ORIGINAL JURISDICTION)
2 Mr. Asad Umer, son of Ghulam Umer, resident of Flat No. 716, F-10,
Silver Oaks, Islamabad.
Versus
Republic of Pakistan,1973 read with all other enabling provisions thereof and the
Supreme Court Rules, 1980
Respectfully submitted:
honourable High Court of any Province was not preferred nor could
the Constitution.
Witnout prejudice to the afore., a reference to Article 209 of the
d.
Or
Constitution manifests that it refers to an "incapacity" or "guilty
cannot exercise
single honourable High Court at this point of time
and/or adjudicate on a cause which relates to all of the Provinces
No. 5
notifying the mentioned leader of the Opposition/Respondent
and has equaly conducted himself with mala fide. The notification
and
aforesaid be struck down accordingly along with the nominated
appointed respective Respondent members of the Election Commission
of Pakistan?
the
II. Whether the abuse of constitutional and statutory powers by
ot
Respondent Commission and its respective members, in the matter
has rendered
appointment of the Respondent care-taker Chief Minter,
them "en masse" biased and in violation of the code of conduct
BRIEF FACTS
The political crisis in
Pakistan has been a constant feature though the
point out that a political conspiracy has been hatched to destabilise and to
The events of January 2022 till April 2022 established their prediction
defected and did not follow the party guidelines/party instructions 15Suea
and the then minority parties, a Vote of No-Confidence was moved by the
deliberation.
CommissiOn
the Respondent
At that point in time or prior thereto,
The
Commissioner thereof.
the
comprised only of 3 Members including
as it did nOt
Commission was admittedlv coram
non judice
Respondent
the
Article 218 ot
contain the requisite composition as prescribed in
Constitution.
ill-motivated
Assembly. This was an
was created within the National
Procedure and
Conduct of Business
under Rule 39 of the Rules of
powers
Ahmad/Respondent
No. 3,
National Assembly, 2007.
Mr. Raja Riaz
in the
within the
so-called Opposition"
was appointed as the "Leader of the
circumnstances, through
an artificial process which was in fact
6. In the given
as
Apex Court. The same further offends the right of due process
en-masse
Notwithstanding the afore, the Respondent Commission as body
a
7.
non-Suit
has taken persistent and consistent mala fide measures to
and the on
of the Constitution inter alia due to absence of census
candidates were
those of PTI.
15 returned
unabated and the
continues
Commission
The posture
of the Respondent
9. No. 7 as the
of Respondent
unlawful appointment
thereof is the
example Mr. Faisal
the issue is that
Minister of Punjab.
The irony of
care-taker Chief
the system had
to have an insight into
ex-Senator,
who is stated
Vawda, an
Samaa
Nadeem Malik aired on
show ot Mr.
confirmed in a TV talk
publicly as the
who will be appointed
only person
No. 7 is the
Respondent
TV that
Minister.
care-taker
Chief
said
of the Constitution
and is
the process
is in sheer abuse of
This appointment
10.
because of the following:
established
duly
Assembly as per the advice
dissolution of the Punjab
On the
Elahi, the
Chief Minister, Mr. Chaudhary Pervaiz
of the last
Constitutiorn
as envisaged in the
parliamentary process
The
aPPL the care-taker Chief minister could not succeed.
recommended the
outgomg Government of Punjab had
(2) Mr.
fOllowing persons: (1) Mr. Ahmed Nawaz Sukhera,
had recommendea
Naveed Akram Cheema. The Opposition
Mohsin Raza
Mr. Ahad Khan Cheema
and (2) Mr. Syed
Naqvi.
to the
decision" came
Rules, 2017.
the Elections Act, 2017 and the Election
manifests that
Election Rules, 2017
C. A reference to Rule 3 of the
The
has to be adopted for the "final decision".
a modality
on a date
of a formal meeting
same comprises of (a) holding
notified
Commissioner; (6) a
submitted to the
to be
agenda along
with a working paper
Respondent
Commissioner for approval of the
Respondent
Commission is to be
"decisions'" of the Respondent
implementation.
Chief
above gentlemen tor the appointment of the care-taker
e
not passed/made any "decision" as required under
word
provision to Article 224A (3) of the Constitution. The
the
time interpreted by
decision" has been from time to
decision which
a conscious
Superor courts to mean
same must
aerermines an issue and
is akin to a judgment. The
on merits.
to
executive or judicial, has
A determination, whether
since it is
rendered by
meet a certain level of expectation
is to ensure that
as well as characteristics which
experience
Minister.
with expertise required for the office of the Chief
better
This is unfortunately not the case herein. Equal or
have contours
Or section 4 of the Elections Act, 2017 and must
The
of the orders/directions of the honourable High Court.
and a
simple direction without speaking
a
Same cannot be a
Constitution.
sustainable "decision" as required under the
no
He has unfortunately
CEO of various other Channels.
thhe
political, administrative
and legal experience in ensuring
of governnments, bureaucracy,
the
rule of law, the working
unanimous"
Communication of the Respondent
the care-taker Chief Minister,
Commission appointing him as
Constitution.
Punjab.
11 The
RespondentCommission occupies a unique role and
/2
its core business
is to hold "free and fair elections', as contained in Article 218 read with
Article 219 and Article 220 of the Constitution. The statutory criteria or
and
administrative as well as judicial powers as it acts administratively
and
manifest the reterred appointment through a "decision"; expressed
the
section 4 of the Elections Act, 2017 read with Rule 3 of
available [See
such a "decision" and
Election Rules, 2017] for "all concerned". Admittedly,
Commission is
confidence in everyone that the Respondent
to inspire
mandate
and in accordance with the
impartial and is acting fairly and justly
sans the decision, is thus
of the Constitution. The Impugned Notification,
bad in law.
functionaries and bodies vested with
that all public
12. It is settled law
have to ensure that their discretion is
constitutional and statutory powers,
such office holders;
structured and meets
the judicial criteria expected from
Constitution, the Elections Act, 2017 as well as the Election Rules, 2017, 15
an issue which is a
classic case of incapacity and misconduct; it establishes
bias and an abuse of process of the constitutional position held by the
to continue to hold the stated office "en masse". The issuance of tne
14. Without prejudice to the afore, the established bias of the Respondent
within 2-3 days, it has caused massive transfers and postings and have
brought otticials who are inimical to the presence of PTl as a party and seek
includes inter alia (1) Mr. Zahid Akhtar Zaman as Punjab Chief Secretary,
(2) Dr. Usman Anwar as Inspector General of Police (Punjab) and (3) Mr
as nas
petition is tO ensure that the constitutional mandate be not violated,
PRAYER
In view of the foregoirng, it is respectfully prayed that:
Riaz Ahmec as
by the Respondent Speaker to treat the Respondent Raja
leader of the Oppositiorn is without lawful authority and of no legal eftect
violation to Article 224A (3) of the Constitution read with the Elections Act,
2017 and the Election Rules, 2017; the same be declared to be without lawful
(iv) Without prejudice to the afore, the Respondent Commission and its
Members be found by this Apex Court to have
violated the constitutional
and statutory requirements vis-a-ViS
appointing the care-taker Chief
Minister of Punjab/ No. 7; they be censored and be held
guilty of violating
their constitutional
position and
committing misconduct, as detailed
above.
They be declared to be partial and
incapable to hold a 'free and
This
fair election'
Apex Court be please to take suitable
remedial measures in. liaison
S
with all stakenolders to ensure that free and fair elections in letter and in
Pakistan.
In the meantime, the Respondent No. 7/ care-taker Chief Minister of Punjab
(v)
Cabinet and/or he be restrained
be restrained in selecting/appointing any
till the
from perrorming any function vis-à-vis
the issues of elections
Court.
of the titled petition by this honourable
August
decision
referred above
Furthermore, the operation of the Impugned Notifications
Minister of
No. 7/care-taker Chief
be suspended and the Respondent
stated office.
Punjab be restrained from performing any function of the
Pakistan
Imtiaz Rashid Siddiquj
Supreme Court of ASC
Islamabad. Cell: 0532-5414643
matter herein on
behalf of the
Petitioners betore this August Court.
subject
Advocate on Record
Supreme Court of Pakistan
HIMED NAWAZ CHAUDHIRY
Advocate-on-Record
3upienie Cou of Pel:istan
abad. Cell, UsI20414043
SIVd
S33dn44nO
6
'
AHMED NAWA}THAUDHR
Advocate-on-Record
3upreme Court of Palcistan
Islamabad. Cell: 0332-5414643
No.F.2(5)/2023-Cord
ELECTION COMMIssION OFPAKISTAN
NOTIFICATION
January, 2023
Islamabad, the 22d
immediate effect.
Punjab with
Election
Commission of Pakistanr
Order of the
By
(OmarHamid Khan)
Secretary
Commission of Pakistan
Election
IN THE HONOURABLE SUPREME
3
(ORIGINAL JURISDICTION)
COURT OF PAKISTAN
In
Versus
Respectfully submitted:
no
Court wherein
has been filed
before this August
1. That the titled petition
of this petition.
read as a n integral part
graciously be
lies in favour of
the
inconvenience
convenience and
That the balance
of
3. to
facie case and are likely
Petitioners have a good prima
Petitioners; the
matter.
succeed in the
Minister of Punjab
No. 7/care-taker Chief
meantime, the
Respondent
4. In the
any
Cabinet and/or he be restrained
in selecting/ appointing
be restrained
vis-å-vis the issues of elections till the
function
any
from performing
honourable August Court.
this
the titled petition by
decision of
Notifications referred above
of the Impugned
the operation
Furthermore,
be
suspended and the
Respondent No. 7/care-taker Chief Minister of
PRAYER
In view of the above it is most respectfully prayed that in the meantime, tne
n
restrained
Respondent NO. 7/care-taker Chief Minister of Punjab be
of the Impugned
honourable August Court. Furthermore, the operation
this
office.
deemed fit and proper may
also be graciously grádted
other relief as
Any
by this
honourable Apex Court. A H M E D N A W A Z C E A U D H R Y
Advocate-on-Record
Pakistan
Court
of
I s l a m a b a d . C o l l : 0 3 3 2 - 5 4 1 4 6 4 3
Supreme
Advocate on Record
Pakistan
Supreme Court of