Begum KALSOOM NAWAZ and others vs ELECTION COMMISSION OF PAKISTAN
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which had previously dismissed writ petitions filed by Begum Kalsoom Nawaz and Muhammad Shahbaz Sharif challenging the rejection of their nomination papers for the general elections. The core legal question before the Supreme Court was whether the court should intervene in the election process at a stage where the election schedule was imminent and the electoral preparations were substantially complete. The Supreme Court, after hearing arguments from both the petitioners and the Attorney-General for Pakistan, declined to interfere with the election process. The court held that given the extreme paucity of time—with only two days remaining until the elections—and the fact that over 98% of the ballot papers had already been printed, judicial intervention would be inappropriate. Consequently, the petitions were dismissed and leave to appeal was declined. The key principle laid down is that the court will generally refrain from exercising its discretionary jurisdiction to interfere with an ongoing election process when the election is imminent and the administrative process is nearly finalized.
- Should the court interfere with an ongoing election process when the election is imminent?
- Does the near-completion of the printing of ballot papers constitute a valid ground for the court to decline interference in an election matter?
ORDER
' SH. RIAZ AHMAD, C.J.--- By means of a common judgment dated 27th of September, 2002, a learned Full Bench of the Lahore High Court had dismissed the captioned writ petitions of petitioners Begum Kalsoom Nawaz and Muhammad Shahbaz Sharif arising out of Election Appeals assailing the validity of the rejection of their nomination papers in terms of judgment, dated 12-9- 2002.
2. After hearing Mr. Ashtar Ausaf Ali, Advocate Supreme Court representing both the petitioners and the learned Attorney-General for Pakistan at length, we are of the view that notwithstanding the respective pleas raised for and against the petitioners, only two days (8th and 9th of October, 2002) are left for holding of elections; the election process is in progress and more than 98% of the ballot-papers have been printed, therefore, on account of paucity of time, we would not like to interfere at this stage. Consequently, all these petitions are dismissed and leave to appeal declined accordingly.