Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025

Government Notice 540 of 2025

Judicature and Application of Laws (Constitutional Petitions) (Practice and Procedure) Rules, 2025

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History of this document

05 September 2025 this version
03 September 2025
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Judgment
2
Court may grant interim status-quo orders in election petitions despite jurisdictional challenges, but petitioners must strictly substantiate prerequisites.
* Constitutional law — electoral disputes — interim conservatory orders — maintenance of status quo — inherent jurisdiction of the High Court. * Procedural law — preliminary objections on jurisdiction — hearing by written submissions; expedited timetable. * Statutory interpretation — Basic Rights and Duties Enforcement Act s.8(4) does not oust inherent judicial powers to grant interim conservatory relief. * Interim relief — prerequisites: imminent danger, greater hardship, and clearly specified status quo.
Court may shorten the 14-day reply period in urgent constitutional petitions; Reply to Counter Affidavit declined.
Constitutional procedure; interpretation of 'within 14 days' as a maximum period; court's power to shorten statutory time in urgent matters; Reply to Counter Affidavit is a judicial practice not a rule-based right; affidavits as substitute for oral evidence and proper procedure for supplementary evidence.
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