Law: Conduct of General Elections Order (7 of 2002)

Section: 2(d)

Law: Houses of Parliament and Provincial Assemblies (Election) Order (P.O.5 of 1977)

Section: 5

Law: Constitution of Pakistan, 1973

Section: 225,59

(a) Constitution of Pakistan (1973)-------Arts. 59, 219, 225 & 199---Conduct of General Elections Order (7 of 2002), Art.2(d)---Constitutional petition---Maintainability---Selection of Senate---Election of the Senate is election under the Constitution and the natural corollary is that bar contained in Art.225 of the Constitution is fully attracted---Constitutional petition was not maintainable---Principles. Election of Senate is held under Article 59 of the Constitution to be read with Article 2(d) of the Conduct of General Elections Order, 2002. The Chief Election Commissioner under Article 219 of the Constitution is charged with the duty of organizing and conducting election to the Senate. Therefore, in every sense and manner the election was an election under the Constitution. In other words, election of the Senate is election under the Constitution. The natural corollary of the above is that bar contained in Article 225 of the Constitution is fully attracted. The language of Article 225 is "prohibitory" in nature and expressly worded. It reads that no election to a House or a Provincial Assembly shall be called in question except by an election petition. Therefore, the present writ petition is prohibited and not maintainable. Writ petition is not maintainable and barred by provisions of Article 225 of the Constitution. (b) Constitution of Pakistan (1973)--- ----Arts. 59 & 199---Conduct of General Elections Order (7 of' 2002), Art.2(d)---Constitutional petition---Election of Senate---Candidate, an Advocate for the seat of "Technocrat"---Qualifications---To qualify as a "technocrat", an Advocate may not have mastered in a particular subject of law, however, he should be, at least an Advocate of the Supreme Court of Pakistan, and should have some cases reported in law journals to his credit; his record may show that he had been holding any representative office i.e. Member of Pakistan Bar Council, President of High Court Bar Association etc.---Petitioner, in the present case, was neither an Advocate of the Supreme Court nor he had held any representative office of the legal fraternity---Petitioner, in circumstances, was not qualified to contest…

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