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P L D 1968 SC 387

ASGHAR HUSSAIN

V/S

ELECTION COMMISSION PAKISTAN & ANOTHER


(a) Constitution of Pakistan (1962) Art. 98(2)(a)(i), 153, 77 & 29Read with Art. 153—“Person performing in the Province functions in connection with the affairs of the Centre”—Election Commission, constituted under Art. 153, such “person”—Amenable to writ jurisdiction of High Court of East Pakistan though its main office and Secretariat are located in West Pakistan—[National and Provincial Assemblies (First Elections) Order (4 of 1962), Art. 77. as amended by Election Laws Amendment Order (39 of 1962)]—[Settlement of Disputes (First Elections) Order (13 of 1962), Art. 29].

Held, that the decision given by the High Court of East Pakistan that it had no jurisdiction to issue a writ or a direction to the Election Commission of Pakistan was unsustainable in law [p. 397] A

The Election Commission is “a person” or “authority” which exercise in the Province of East Pakistan functions in connection with the affairs of the Centre, namely, elections to the office of the President, National Assembly and the Provincial Assemblies and for holding a referendum as provided for in the Constitution. In that the Commission is subject to the jurisdiction of the High Court under Article 98 (2)(a)(i) notwithstanding that its main office and Secretariat are located in the Province of West Pakistan. [p. 397] B

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