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SC DISMISSES OF THE CONSTITUTION PETITION NO. 28 OF 2013

Dated: 24-May-2013

A three member bench headed by Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising on Hon’ble Mr. Justice Ijaz Ahmed Chaudhry and Hon’ble Mr. Justice Gulzar Ahmed heard the Const. P. No. 28/2013 filed by Muhammad Hussain Mahenti against the Federation of Pakistan through Secretary Ministry of Law and Justice and Parliamentary Affairs. The petition was filed under Article 184 (3) of the Constitution challenging that there was massive rigging in the Election held on 11-05-2013 in whole of the Karachi. The petitioner was represented by Raja Qazi Nawaz Khan, ASC with Ch. Akhtar Ali, AOR and the case was heard on 23-05-2013.

The Bench passed the following order:-

Order

Iftikhar Muhammad Chaudhry, CJ: The petitioners have invoked the jurisdiction under Article 184 (3) of the Constitution. According to them there was massive rigging in the Election held on 11.05.2013 in the whole of the Karachi. He has also stated that petitioners boycotted the Elections in Karachi. It is to be noted that with regard to the massive rigging as alleged by them jurisdiction under Article 184(3) cannot be invoked and if the petitioners had contested the Elections they should have approached to the competent forum under Article 225 of the Constitution of Islamic Republic of Pakistan, 1973, whereas insofar Article 184 (3) is concerned it depends upon the availability of the violation of the Fundamental Rights involving the question of the public importance. Since the instant petition pertains to the general allegations in Elections of the constituencies have been pointed out, therefore, on the basis of such allegations jurisdiction of this Court under Article 184(3) of the Constitution, cannot be exercised.

2.             Thus, the Constitution Petition is dismissed. 

 
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