Form No: HCJD/C-121

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

(JUDICIAL DEPARTMENT)

ICA No. 166-2022

Pakistan Tehreek-e-Insaaf
through its Secretary General Mr Asad Umer
Versus
The Election Commission of Pakistan
through its Chief Election Commissioner & another

S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where
order/ proceedings necessary.
proceedings
25-04-2022 Mr Shah Khawar, Malik Naseem Abbas Nasir, Mr Navid Anjum,
Ms Kulsum Khaliq, Mr Muhammad Tahir Niazi, Mr Naeem
Haider Panjutha, Ms Neha Waseem, Mr Sheraz Ranjha,
Advocates for appellant.

Athar Minallah, C.J.- The appeal is directed

against judgment, dated 01-04-2022, passed the learned

Single Judge in Chambers in W.P. No.958/2022. In the

connected writ petition (W.P. No.1439/2022), a direction has

been sought to treat the political party i.e. Pakistan Tehreek-

e-Insaf at par with all the other political parties.

2. The learned counsel for the appellant has been

heard. He has mainly argued that the petitioner party has not

been treated fairly and that it has been singled out. He has

contended that the Political Parties Order, 2002 read with

Article 17(3) of the Constitution of the Islamic Republic of

Pakistan, 1973 contemplates that all political parties are to be

treated equally and fairly. The learned counsel has stressed

that the Election Commission of Pakistan is a creation of the

Constitution and, therefore, its proceedings are to be

regulated without interference by the Court. He has argued

 that the direction given by the learned Single Judge in

Chambers, to decide the matter within thirty days, is not in

consonance with the constitutional mandate.

3. The office is directed to issue notices to the

respondents arrayed in the appeal as well as the

constitutional petition. The Secretary, Election Commission of

Pakistan is directed to ensure that all the political parties

arrayed in the connected petition are duly served.

4. The office is directed to relist the appeal and the

connected petition on 17-05-2022.

C.M. No.01/2022.

Notice. In the meanwhile the operation of the

direction given by the learned Single Judge in Chambers to

conclude the pending matter within thirty days is hereby

suspended. Moreover, we expect that the Election

Commission of Pakistan will ensure that an uneven playing

field is not created by treating the political parties differently.

We expect the Election Commission of Pakistan to proceed

with the scrutiny process by treating all the political parties

equally and in accordance with law.

C.M. No. 02/2022.

Exemption sought for is allowed, subject to all

just and legal exceptions.

(CHIEF JUSTICE)
(BABAR SATTAR)
JUDGE
Luqman Khan/*
 Form No: HCJD/C-121

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

(JUDICIAL DEPARTMENT)

W.P. No. 1439-2022

Aamer Mehmood Kiani

Versus
Election Commission of Pakistan Islamabad, etc.

S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where
order/ proceedings necessary.
proceedings
25-04-2022

Order of even date, passed in I.C.A.

No.166/2022 titled “Pakistan Tehreek-e-Insaf through

its Secretary General Mr Asad Umar v. The Election

Commission of Pakistan through its Chief Election

Commissioner & another” shall be deemed to have

been passed in this petition as well. The office is

directed to issue notices to the respondents in terms

of the said order.

C.M. No.01/2022.

Exemption sought for is allowed, subject

to all just and legal exceptions.

(CHIEF JUSTICE)
(BABAR SATTAR)
JUDGE
Luqman Khan/*