h1

P L D 1988 SC 687

IHSANUL HAQ PIRACHA

V/S

CHIEF ELECTION COMMISSIONER OF PAKISTAN AND OTHERS

Per Zaffar Hussain Mirza, J.

(a) Constitution of Pakistan (1973), Arts.185(3), 223(3), 59, 62, 65(3), 272 & 222-
r/w Senate (Election) Act (LI of 1975)—S.82-

Being aggrieved the appellant approached this Court and leave was granted in order to examine the contention, in the light of the facts narrated above, whether the period of membership of the Senate in the case of the appellant should be reckoned from the date he took oath and he could be included in the lot only on completion of three years from that date. In the alternative the question for examination was whether section 82 of the Act is ultra vires the constitutional provisions which it professed to give effect to. [p. 690] A.

As it has already been held that the oath of office does not in any manner affect the term of office, the argument is without substance. Even otherwise, as pointed out the scheme underlying the Constitution provided for the retirement of certain number of members at fixed periods. It was, therefore, necessary to provide for the commencement of this period. Under Article 222(f) the Parliament was empowered to provide for all matters necessary for the due constitution of the two Houses and the Provincial Assemblies. The Senate (Election) Act was accordingly enacted and it has made provision for the duration of the term of office of the members of the Senate and there is no repugnancy with any constitutional provision. Accordingly section 82 is not ultra vires the Constitution. [p. 692] E.
Appeal dismissed.

Advocate for the Appellant:
Raja Muhammad Anwar, Senior Advocate Supreme Court and Ch. Manzoor Elahi, Advocate-on-Record.

Advocate for the Respondents:
Rao Muhammad Yousaf Khan, Advocate-on-Record, Bashir Ahmad Record and Sardar Sami Hayat, Advocate Supreme Court.

Date of hearing: 21st June, 1988.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: