FEDERATION OF PAKISTAN versus SYED ALI MURAD SHAH
Articles 148 and 156 of the Constitution of Pakistan (1973), Arts 185 (3) and 199 Constitutional Appeals for holding the vacant elections for the first time by holding the first by-elections on 104 vacant seats of various union councils of the High Court. Issuing Notification about Constitutional Petition The Election Commission has been directed to declare such notification illegal and to file a by-election against such vacant seats and then proceed in connection with the selection of Deputy Commissioner of the Election Commission. To begin with, selection was not necessary on such vacant seats. As members have already been informed that Deputy Zalia will set up an Electoral College for election. The Electoral College and the Deputy Zila Nazim for the selection of the District Nazim shall consist of all members of the Union Councils in one district including the Union Nazim and the Naib Union Nazim Electoral College will not be completed. Without holding by-elections for such seats, which are more vacant, depriving such 104 voters of their right to vote would not only be against adult voting rights but would be denied the right to basic rights as enshrined in the Constitution. This may delay the best time for such vacant seats in elections. 18 months and that too on an emergency, otherwise the same vacancy was to be filled by a by-election within a year, after the expiry of one year from the announcement of the schedule on such vacant seats. No holding of by-elections. For this purpose, there was a clear violation of Section 156 of the Sindh Local Government Ordinance, 2001
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