h1

2000 SCMR 250

ENGR. IQBAL ZAFAR JHAGRA AND OTHERS

V/S

KHALILUR REHMAN AND 4 OTHERS


Per Saiduzzaman Siddiqui, C.J.(a) Constitution of Pakistan (1973), Article 270A

—Preamble—Revival of the Constitution of 1973 Order (P.O. 12 of 1985), Preamble—Constitution of Pakistan (1973), Arts. 270-A(3) & 59— Houses of Parliament and Provincial Assembled (Election) Order, 1977 was not a one time law which became redundant or lost its efficacy after the revival of Constitution but remained in the field as an existing law which governed the elections of two Houses of Parliament and the Provincial Assemblies. [p. 274] B

(b) Constitution of Pakistan (1973), Articles 59(1)9d) & 62(i)

Houses of Parliament and Provincial Assemblies (Election) Order (P.O. 5 of 1977), Art. 5(1)(a)(IV)—Election of Senate–“Technocrats”, “Professionals” and “Ulema” occurring in Art. 59(1)(d) of the Constitution of Pakistan—Qualification—Explanation to Art. 5(1)(a)(IV) of Houses of Parliament and Provincial Assemblies (Election) Order, 1977 which defines “Technocrats”, “Professionals” and “Ulema” is to be read as a provision laying down the qualifications of Technocrats, Professionals and Ulema. [p. 75] C

(c) Constitution of Pakistan(1973) Art. 270-A(3)

Houses of Parliament and provincial Assemblies (Election) Order, 1977 is an existing law within the meaning of Art. 270-A(3) of the Constitution of Pakistan(1973). [P. 276]D

(e) Constitution of Pakistan(1973) Art. 5 & 59

Term of office of members of senate–term of office member of senate given in Art. 5(1)(c)(i)(ii) & (iii) of houses of parliament and provincial Assemblies (Election) Order, 1977 was to be ignored being in conflict with the term of office mentioned in Art. 59(3)(a)(b)(c) & (d) of the Constitution–Whole of Art. 5(1)(c)(i)(ii)(iii) of houses of parliament and provincial Assemblies (Election) Order, 1977, in view of such conflict, could not be struck down. [p. 276]E

(f) Constitution of Pakistan(1973) Art. 59, 62 & 270-A

Qualification for membership of senate–Omission to incorporate Expln. to Art.5(1)(a) of Houses of Parliament and provincial and Assemblies (Election) Order, 1977 (an existing law) into Art. 59 of the Constitution itself had provided that additional qualifications of the members of parliament could be prescribed through an Act of the parliament. [pp. 276, 277]F, D & G

(g) Constitution of Pakistan(1973) Art. 270-A

Expn.– “Competent Authority”–Definition–words “Competent Authority” having been defined in the expln. to Art. 270-A(3) of the constitution, there remained no logical reason to restrict said definition only to cl. (3) of Art. 270-A of the constitution and not to apply to other clauses of the said Article–In view of definition of words “competent Authority” given in Expln. to Art. 270(3) of the constitution, houses of parliament and provincial Assemblies (Election) Order, 1977 was to be treated at par with an Act of Parliament. [p. 277]G

(h) Constitution of Pakistan(1973) Art. 62

Houses of Parliament and Provincial Assemblies (Election) order (p.o.5 of 1977), Art5(1)(c), Expln.–Qualifications of members of senate for election of “Technocrats”. “Professionals” and “Ulema”–Before a person is held eligible to contest of senate on the seats reserved for “ulema”, “Technocrats” and “Professional”, he must show that he possessed the qualifications mentioned in expln. to Art. 5(1)(c) of Houses of Parliament and provincial Assemblies (election) Order, 1977. [p. 277]H

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