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" P L D 1991 Journal 41 P L D 1991 Journal 41   [Chief Election Commissioner]   Before Justice Naimuddin, Chief Election Commissioner, Pakistan   In re: PETITION FILED BY SYED QAIM ALI SHAH JELLANI AND 31 OTHERS UNDER ARTICLES 218, 219 AND 220 OF THE CONSTITUTION READ WITH SECTIONS 3, 84 AND 85 OF THE SENATE (ELECTION) ACT, 1975   Constitutional Petitions Nos. 218, 219 and 220, decided on 3rd March, 1991.   (a) Senate (Election) Act (LI of 1975)‑‑   ‑‑‑‑Ss. 3, 84 & 85‑‑‑Representation of the People Act (LXXXV of 1976), S. 29‑‑ Electoral Rolls Act (XXI of 1974), S. 7(5)‑‑‑Right of franchise ‑‑‑Connotation‑‑ Franchise in Senate Elections‑‑‑Right of Members of Provincial Assembly to elect Sanators.   Right of franchise is a valuable right. Under the Constitution of Pakistan (1973) and the law a person is entitled to vote (1) if he is a citizen of Pakistan, (2) he is not less than 21 years of age; (3) his name appears on the electoral roll, and (4) he is not declared by a competent Court to be of unsound mind. Under section 29 of the Representation of the People Act, 1976 read with section 7(5) of the Electoral Rolls Act, 1974, a person who was detained in prison or held in other custody had been given the right to cast his vote in general elections through postal ballot. A country is respected in the comity of nations for its democratic polity and adherence to democratic principles. Therefore, it is unthinkable that any functionary of Government could unduly deprive a member of Provincial Assembly of his right of franchise in the Senate Elections.   When thirty‑one Members of Provincial…