ASHFAQ AHMAD versus ELECTION COMMISSION OF PAKISTAN
Arts 224 (4) and 199 Representation for the Public Act (LXXXV of 1976), Section 108 Constitutional Application by the Election Commission of Pakistan, discretion of election time and at least 60 days unnecessary period for by-election constitutional deadline That we need. No vacancies should be filled in by the by-elections, and it was not stated that the petitioner had submitted the schedule of by-elections pending on the basis that the by-election under Article 242 of the Constitution had a legislative period. Must be at least 60 days before expiry The Assembly; while the current by-elections were scheduled only 47 days before the expiry of the Assembly, and thus the constitutional principle was rejected and therefore should not be ratified, Article 4 224 of the Constitution (express) I clearly did not need a mandate / required at least an unexpected legislative session of 60 days in which the vacancy took place so that by-elections could be held to fill such vacancies. It was clear, however, that the Assembly's unpredictable legislative period was a key factor, which did not consider the by-elections to fill such vacancies less than 120 days after the vacancy. (ECP) performed its work independently except where its use of discretion was found to be illegal and irrational, in which even the High Court could interfere with the performance of such functions. Notwithstanding the right of the voters to be represented permanently in the Assembly, the Constitution represented their unlawful conception where vacancies existed less than 120 days before the expiry of the legislature.
Related judgments — Lahore High Court Lahore, 2013
