ECP Ought to Act Within the Confines of Law: SC

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Supreme Court has given an important judgment on the powers of Election Commission of Pakistan in connection with conducting elections. The judgment primarily expounds that whether the ECP has power theย  order repolling in a case and if so, what are the confines thereof. The Court says that ECP and Election Tribunal has concurrent jurisdictions to order a re-poll. However, the jurisdiction shall lie with the ECP if the illegality is patent and glaring, flouting on surface of the record. The Court has also held that if the dispute is such which requires a full-pledge trial, the jurisdiction shall lie with the Election Tribunal. In the case in hand, the circumstances were such which could not have been resolved without a proper trial.

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c.a._142_2019

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