JAVED JABBAR and others vs FEDERATION OF PAKISTAN and others
This matter involves petitions filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, challenging the insertion of Article 8-AA in the Conduct of General Elections Order, 2002, which disqualified persons defeated in the October 2002 National and Provincial Assembly elections from contesting Senate elections. The core legal question was whether the disqualification provision introduced post-election was discriminatory and constitutionally valid. The Supreme Court held that Article 8-AA is discriminatory in nature and violative of Article 25 of the Constitution. The Court also held that such disqualification should have been provided in the original order itself to afford affected persons an opportunity to avoid it. The key principle laid down is that electoral disqualifications penalizing lawful participation in past elections cannot be arbitrarily introduced after the fact without violating the constitutional guarantee of equality before law.
- Whether Article 8-AA of the Conduct of General Elections Order, 2002 is discriminatory and violative of Article 25 of the Constitution of Islamic Republic of Pakistan?
- Can a disqualification for contesting Senate elections based on defeat in previous assembly elections be introduced after the elections have already been held?
- Whether petitions challenging electoral disqualifications are maintainable under Article 184(3) of the Constitution of Islamic Republic of Pakistan?
- Article 184(3), Constitution of Islamic Republic of Pakistan
- Article 8-AA, Conduct of General Elections Order, 2002
- Article 25, Constitution of Islamic Republic of Pakistan
ORDER
1. SH. RIAZ AHMED, C.J.--Through this common short order, we propose to dispose of the captioned petitions which were filed under Article 184(3) of the Constitution of Islamic Republic of Pakistan, assailing insertion of Article 8-AA in the Conduct of General Elections Order, 2002 (Chief Executive's Order No,7 of 2002) whereby it was enacted that a person who had been defeated in the elections of National and Provincial Assemblies held in October, 2002, shall be disqualified to contest the election for a seat in the Senate. After hearing learned counsel representing the petitioners in these petitions and Mr. Makhdoom Ali Khan, the learned Attorney-General for Pakistan. And for reasons to be incorporated subsequently through a detailed order, we hold that Article 8-AA (ibid), is discriminatory in nature and as such violative of Article 25 of the Constitution of Islamic Republic of Pakistan. We further hold that disqualification attributable to defeat in consequence of lawful act of contesting election of the National and Provincial Assemblies should have been provided in the original order itself, being impugned herein, so that, the affected persons should have an opportunity to avoid to suffer such disqualification. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.