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MURAD ALI SHAH versus CHIEF ELECTION COMMISSIONER OF PAKISTAN

Sections 32, 38 and 45 of the Senate (Elections) Act 1975, Pakistan (1973), Arts 225 and 199 Availability of alternative remedies Appeals against the counting of votes on the touchstone of the Constitution clause 32, the Senate (Election) Act Article 32 of the Senate (Election) Act, 1975, contradicts Article 225 of the Constitution, whether the constitutional petition persists against the counting of votes in the Senate election, where there was a conflict between the constitutional and the subordinate. Legislative constitutional provisions should prevail to the extent of conflict Any subsidiary law providing a different forum for challenging the election of Article 225 of the Constitution in the House of Parliament Section 32, Senate (Election) Act, 1975 Have to be overcome. Appealing to the Election Commissioner against the Counting of Votes There was no cure for challenging the election of a candidate, the Tribunal constituted under Article 225 of the Constitution, Article 38, Senate (Election) Act, 1975. Under 45, the CPC had civil court powers, while the Election Tribunal was disposed of as a civil court. As such, the power to test the sanctity of the rules and regulations was given, in addition to that the challengers of the relevant rules were alternatively questioned on their request, which could and should not be challenged only by an election petition. As the Constitutional Tribunal is able to deal with such points through the constitutional petition, the applicant had no alternative to the fact that he was a baseless election tribunal, so the applicant has a constitutional jurisdiction over the matter relating to the election. Had special jurisdiction to deal with, vote counting mode Pakistan, top advocate family court from Cherat lawyer