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Petitioner: NOOR MUHAMMAD VS Respondent: FEDERATION OF PAKISTAN
1988 S C M R 1987
1988 S C M R 1987
Present: Muhammad Haleem, C.J., Aslam Riaz Hussain, Muhammad Afzal Zullah, Nasim Hasan Shah, Abdul Kadir Shaikh, Shafiur Rahman, Javid Iqbal, Ghulam Mujaddid Mirza, Saad Saood Jan, S. Usman Ali Shah, Ali Hussain Qazilbash and Naimuddin, JJ
Dr. NOOR MUHAMMAD‑‑Petitioner
versus
FEDERATION OF PAKISTAN and others‑‑Respondents
Constitutional Petition No.5‑R of 1988, decided on 2nd October, 1988.
Representation of the People Act (LXXXV of 1976)‑‑
‑‑‑S.11‑‑Constitution of Pakistan (1973), Art. 184(3)‑‑Election‑ Constitutional petition seeking relief to the effect that election should be ordered to be held on the basis of proportional representation‑ Relief sought, relating to a legislative fiat, and not to a question pertaining to the enforcement or the violation of Fundamental Rights, Supreme Court declined to grant same.
Irshad Ahmad Qureshi, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Petitioner.
Nemo for Respondents. Date of hearing: 2nd October, 1988.
ORDER
MUHAMMAD HALEEM, C.J.‑‑The petitioner seeks a relief in this petition that the election should be ordered to be held on the basis of proportional representation. We regret, we cannot allow this relief as this is a legislative fiat, and we cannot grant this relief Moreover, this is not a question which we can go into under Article 184(3) of the Constitution which pertains to the enforcement of the violation of a fundamental right. The petition is, accordingly dismissed.
M.B.A./N‑106/S Petition dismissed.