Exploring the Essential Elements Included in eSports Licensing Agreements
Writ of Mandamous - PTI Vs. Government of Punjab (1).pdf
1. BEFORE THE HONOURABLE LAHORE HIGH COURT LAHORE
W.P. No. ______________ of 2023
Pakistan Tehreek-e-Insaaf
Having its office at Bani Gala, Islamabad
Through its Secretary General
Asad Umar
…Petitioner
Versus
Governor of Punjab
through Principal Secretary
the Mall Road, Lahore.
…Respondent
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE
ISLAMIC REPUBLIC OF PAKISTAN, 1973
It is most respectfully submitted as hereunder:
1. That the names and addresses of the parties, as mentioned in the caption of the
titled Petition, are correct and sufficient for the proper service of summons,
notices and other processes which may, from time to time, be issued by this
Honourable Court.
2. That the Petitioner is Pakistan Tehreek-e-Insaaf (“PTI”), which emerged as the
single largest political party in Pakistan pursuant to the General Elections in 2018
and won the majority seats in the Provincial Assembly of the Punjab (the
“Assembly”) and formed the Government. PTI is filing the instant Petition
through its General Secretary, Mr. Asad Umar, who is authorized in this regard by
virtue of the Constitution of PTI, is well conversant with the facts of the case and
is competent and able to depose thereto.
2. 3. That the Governor of Punjab has been impleaded through Principal Secretary as a
Respondent since Article 105(3) of the Constitution of the Islamic Republic of
Pakistan, 1973 (the “Constitution”) requires him to appoint a date for the holding
of the election to the Provincial Assembly not later than ninety days from the date
of dissolution of the Assembly but he has failed to discharge that Constitutional
duty.
4. That on 12.01.2023, the then Chief Minister of Punjab, Chaudhry Pervaiz Elahi,
advised the Respondent to dissolve the Assembly by in exercise of his
Constitutional powers under Article 112 of the Constitution. On 14.01.2023,
pursuant to the advice of the then Chief Minister in accordance with terms of
Article 112(1) of the Constitution, the Assembly stood dissolved.
(A copy of a letter dated 12.01.2023 and a copy of the Respondent’s letter
dated 14.01.2023 are annexed herewith as Annexure A, A/1)
5. That the Respondent’s letter dated 14.01.2023 addressed to Chaudhry Parvez
Elahi, the then Chief Minister of the Punjab and Mr. Muhammad Humza Shahbaz
Sharif, Leader of the Opposition in the Punjab Assembly, called for the
appointment of care-taker Chief Minister of Punjab. The said letter accepts that
the Provincial Assembly of the Punjab stood dissolved with effect from
14.01.2023 at 2210 hours.
6. That, subsequently, the Speaker of the Provincial Assembly of the Punjab through
a letter 20.01.2023 requested the Respondent to fulfil his constitutional duties and
immediately appoint a date not later than ninety days from the date of dissolution
for the general election of the Assembly as required by Article 105 (3)(1)(a) read
with Article 224 of the Constitution.
(A copy of a letter dated 20.01.2023 is attached herewith as Annexure B)
7. That Sardar Usman Khan Buzdar, Parliamentary leader, Punjab Pakistan Tehreek-
e-Insaf conveyed the concern of not only PTI but of people of Punjab and also
requested the Respondent to appoint a date not later than ninety days from the date
of dissolution for holding the elections to the Provincial Assembly of the Punjab.
(A copy of the letter by Mr. Buzdar is attached herewith as Annexure C)
8. That the Election Commission of Pakistan (the “ECP”) is a body formed under
Article 218 of the Constitution and mandated under Article 218(3) to organize
and conduct the elections and to make such arrangements as are necessary to
ensure that the election is conducted honestly, justly, fairly and in accordance
3. with law. The ECP, through a letter dated 24.01.2023, also communicated its
concern with respect to the inaction of the Respondent in appointing a date for
the election and required him to appoint a date between 09.04.2023 and
13.04.2023.
(A copy of a letter dated 24.01.2023 is attached herewith as Annexure D)
9. That more than 10 days have passed since the Provincial Assembly of the Punjab
has been dissolved but the Respondent has failed to fulfil his Constitutional duty
by appointing a date of election to the Assembly. The inaction of the Respondent
to do the needful is unlawful and unconstitutional, inter alia, on the following
GROUNDS: -
A. That as per Article 105 (3)(1)(a) of the Constitution, where the Assembly
is dissolved by the Governor, he shall appoint a date for the holding of
general election, not later than ninety days from such dissolution. Article
105 (3)(1)(a) of the Constitution is reproduced below:
“Where the Governor dissolves the Provincial Assembly,
notwithstanding anything contained in clause (1), he shall,
a) appoint a date, not later than ninety days from the date of
dissolution, for the holding of a general election to the
Assembly; and
b) appoint a care-taker Cabinet.”
(Emphasis supplied)
Therefore, it is the duty of and mandatory for the Respondent to appoint
the date of the election to maintain the continuity of the system, but he
has failed to perform his Constitutional duty.
B. That under Article 224(2) of the Constitution, when the National or a
Provincial Assembly is dissolved, a general election to the Assembly is
mandatorily to be held within a period of ninety days after the dissolution
and the results of the election have to be declared not later than fourteen
days after the conclusion of the polls. Articles 105 (3)(1)(a) and 224(2)
of the Constitution, read together, manifest that the general election must
be held within ninety days of the dissolution of the Assembly. Article
224 (2) of the Constitution reads as follows:
“When the National Assembly or a Provincial Assembly is
dissolved, a general election to the Assembly shall be held within
4. a period of ninety days after the dissolution, and the results of the
election shall be declared not later than fourteen days after the
conclusion of the polls.”
(Emphasis Supplied)
A plain reading of the aforesaid provisions manifests the intention of the
Constitution that the elections have to be held within the stipulated period
of ninety days from the date of dissolution. The Respondent is duty
bound to appoint the date of election so as to further the Constitutional
command to ensure the conduct of the election in an honest, just and fair
manner. The inaction of the Respondent and his failure to appoint the
date of election is undermining and jeopardising the whole scheme of the
Constitution regarding conduction of free and fair elections after
dissolution of an Assembly.
C. That expeditiously knowing the date of the election is also required
immediately so that ECP organize and conduct the election according to
the letter and spirit of Article 218(3) read with Section 57 of the Elections
Act, 2017 (the “Elections Act”) and make such arrangements as are
absolutely necessary for free and fair elections.
(i) As per section 57 (2) of the Elections Act, the ECP has to
announce the Election Program within seven days of the
announcement of the election date.
(ii) Fifty-Four (54) days will be required for completion of all
activities for the elections under section 57 (2) of the Election
Act.
The failure of the Respondent to appoint the date of the election is
creating hurdles for the ECP to discharge its duties under Article 218(3)
and the Elections Act and to organize the election within the stated period
of ninety days. The ECP letter dated 24.01.2023 has already highlighted
these concerns but the Respondent has remained unmoved.
(iii) That the entire Province of Punjab is waiting for the date of the election,
so that the people can know when there will be a return to representative
government. The inaction of the Respondent to appoint the date of
election is also frustrating the campaign plans of the candidates because
of the uncertainty it has engendered. Unless the date of election is known,
and, consequent thereupon, the ECP undertakes the activities stipulated
in Section 57 of the Elections Act, the election campaign cannot take off.
5. Every day’s delay in the announcement of the date of election is eating
into the time available for election campaign. This is completely against
the scheme of the Constitution and the law.
(iv) That the Respondent cannot exercise his Constitutional powers according
to his whims. The Respondent is tasked with a critical Constitutional
duty. This failure to perform the same is completely unjustifiable under
the Constitution and is frustrating the whole Constitutional scheme of
elections.
(v) That the Respondent is depriving the Petitioner of its fundamental right
guaranteed under Article 17 of the Constitution, which, according to the
law declared by the August Supreme Court includes the right of a
political party to contest and participate in elections. Unless the date of
the election is announced, the exercise of this right will be frustrated.
(vi) That the Petitioner seeks leave from this Honourable Court to urge
additional ground or pleas at the time of hearing of this petition and to
supplement, add, delete or ament the instant petition, submissions made
herein or the aforementioned grounds.
(vii) That the date of election for the Provincial Assembly cannot be left open
because not only would it be in violation of the Constitution and amount
to its subversion but it would also be against the basic principles of
democracy and contrary to the fundamental rights of the people of
Pakistan. The date of election is to be announced by the Respondent
immediately or if so deemed fit and necessary by appropriate directions
of this Hon’ble Court to the President of Pakistan/Election Commission
of Pakistan, as the case may be.
(viii) That there is no other adequate alternate remedy available to the
Petitioner to challenge the unconstitutional omission of the Respondent;
hence, this Petition.
PRAYER:
In view of the foregoing, it is most respectfully prayed that this Honourable Court may
be pleased to:
I. Direct Respondent to immediately announce the date of election for the
Provincial Assembly of the Punjab so as to ensure that the election is held not
later than ninety days of dissolution of the Assembly;
6. II. Grant any other relief that may be deemed just and appropriate in the
circumstances.
Any other relief which this Hon’ble Court may deem fit in the circumstances of the case may
also be granted to the Petitioners.
PETITIONER
Through
(Syed Ali Zafar)
Advocate Supreme Court
(Uzair Karamat Bhandari)
Advocate Supreme Court
(Zahid Nawaz Cheema)
Advocate Supreme Court
(Mehek Zafar)
Advocate High Court
(Jahanzeb Sukhera)
Advocate High Court
(Sara Majeed)
Advocate High Court
Mandviwalla & Zafar
7/B-1, Aziz Avenue,
Canal Bank, Gulberg V,
Lahore.
Certificate:
Certified that as per the instructions of the Petitioner this is the first petition on the issue
before this Hon’ble Court.
Advocate
7. BEFORE THE HONOURABLE LAHORE HIGH COURT LAHORE
W.P. No. ______________ of 2023
Pakistan Tehreek-e-Insaaf
…Petitioner
Versus
Governor of Punjab
…Respondent
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF THE
ISLAMIC REPUBLIC OF PAKISTAN, 1973
Affidavit of: Asad Umar, Secretary General, Pakistan Tehreek-e-Insaaf, Bani Gala,
Islamabad.
I, the above named deponent do hereby solemnly declare and affirm as under:
1. That the above named deponent has filed accompanying writ petition before this
Hon’ble Court and the contents of the same may kindly be read as an integral
part of this affidavit.
2. That the contents of the accompanying writ petition are true and correct to the
best of my knowledge and belief and nothing has been concealed thereof.
DEPONENT
VERIFICATION:
Verified on oath at Lahore on this ……… day of January, 2023 that the contents of the
above affidavit are true to the best of my knowledge and belief.
DEPONENT
8. BEFORE THE HONOURABLE LAHORE HIGH COURT LAHORE
C.M. No.____________of 2023
In
W.P. No. ______________ of 2023
Pakistan Tehreek-e-Insaaf
…Petitioner
Versus
Governor of Punjab
…Respondent
APPLICATION UNDER SECTION 151 CPC FOR DISPENSING WITH
FURNISHING OF CERTIFIED COPIES OF ANNEXURES
Respectfully Sheweth: -
1. That the above titled petition has been filed before this Honourable Court by the
Petitioner.
2. That in the said petition, uncertified copies of Annexures have been filed, the
certified copies of those are not available yet.
3. That the Petitioner/Applicant undertakes to produce certified copies of
Annexures as soon as the same become available.
It is, therefore, most respectfully prayed that furnishing of certified copies of the
Annexures may kindly be dispensed with and the petition be entertained without the
same.
Any other relief which this Hon’ble Court may deem fit in the circumstances of the case
may also be granted to the Petitioner/Applicant.
PETITIONER/APPLICANT
Through
Mandviwalla & Zafar
7/B-1, Aziz Avenue,
Canal Bank, Gulberg V,
Lahore.
9. BEFORE THE HONOURABLE LAHORE HIGH COURT LAHORE
C.M. No.____________of 2023
In
W.P. No. ______________ of 2023
Pakistan Tehreek-e-Insaaf
…Petitioner
Versus
Governor of Punjab
…Respondent
APPLICATION UNDER SECTION 151 CPC FOR DISPENSING WITH
FURNISHING OF CERTIFIED COPIES OF ANNEXURES
Affidavit of: Asad Umar, Secretary General, Pakistan Tehreek-e-Insaaf, Bani Gala,
Islamabad.
I, the above named deponent do hereby solemnly declare and affirm as under:
1. That the above named deponent has filed accompanying application before this
Hon’ble Court and the contents of the same may kindly be read as an integral
part of this affidavit.
2. That the contents of the accompanying application are true and correct to the best
of my knowledge and belief and nothing has been concealed thereof.
DEPONENT
VERIFICATION:
Verified on oath at Lahore on this ……… day of January, 2023 that the contents of the
above affidavit are true to the best of my knowledge and belief.
DEPONENT