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Article: 270B Elections to be deemed to be held under Constitution

1[270B. Elections to be deemed to be held under Constitution.— Notwithstanding anything contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial Assemblies (Elections) Order, 1977, 2[and the Conduct of General Elections Order, 2002 (Chief Executive’s Order No. 7 of 2002),] to the Houses and the Provincial Assemblies shall be deemed to have been held under the Constitution and shall have effect accordingly].

3*

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Footnotes:

1.  Item 52 of the schedule to RCO (P.O. No. 14 of 1985), inserted a new Art. 270B,  (w.e.f. March 2, 1985).

2. Section 97 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, commas, figures and brackets, after the figure and comma “1977,” in Art. 270B, (w.e.f. April 19, 2010).  The said insertion shall be deemed always to have been so inserted with effect from the 21st day of August, 2002.

Section 2 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), repealed the Constitution (Seventeenth Amendment) Act, 2003 and the LFO (C.E.O No. 24 of 2002), (w.e.f. April 19, 2010).  Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the insertion of the words, commas, figures and brackets, after the figure and comma “1977,” in Art. 270B, (w.e.f. December 31, 2003).  Item 22 to the schedule to the LFO (LFO (C.E.O. No. 24 of 2002)), had inserted the said words, commas, figures and brackets, after the figure and comma “1977,” in Art. 270B, (w.e.f. August 21, 2002).

3. Section 7 of the Constitution (Amendment) Order, 2007, President’s Order No. 5 of 2007 (P.O. No. 5 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. November 20, 2007, had purported to insert the following comma, words and figures after the word “Assemblies” occurring for the second time in Article 270B of the Constitution :

“, and the General Elections 2008 to the National Assembly and the Provincial Assemblies”

As P.O. No. 5 of 2007, including the said purported Amendment, was not validated by the Parliament, after general elections of 18th of February, 2008, they were held to void ab initio and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar Association v/s Federation of Pakistan and others.


Comparative Table of Article 270B of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
229
Constitution of Pakistan 1956 :
Constitution of India 1950:
Government of India Act 1935:
291

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Leading & Latest Cases on Article 270B of the Constitution of Pakistan, 1973:

GHULAM MUSTAFA KHAR AND OTHERS
PAKISTAN AND OTHERS


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