Law: Constitution of Pakistan, 1973

Section: 218,219(b),184(3),218(3),219,ThirdSched, 65,127

(a) Constitution of Pakistan ----Arts. 218, 219(b) [as amended by the Constitution (Eighteenth Amendment) Act (10 of 2010)] & 184(3)---Election Commission, duties of---Bye-elections held not in accordance with the Constitution---Effect---Suspension of notification of Members of Senate, National Assembly and Provincial Assemblies---Under Art. 219(b) of the Constitution (as amended by the Constitution (Eighteenth Amendment) Act (10 of 2010)), bye-elections of members of Senate, National Assembly and Provincial Assemblies were to be organized by the Election Commission but instead same were conducted by the Election Commissioner, which was not in accordance with the Constitution---Representatives, who got elected through such bye-elections were sent several notices and after a lapse of considerable period no progress had been made by the Government, Election Commissioner and Election Commission to resolve the matter, except for informing the court that efforts were being made to lay a Constitutional Amendment before the National Assembly and Senate to rectify the matter---Parliamentarians and Members of Provincial Assemblies who got elected through said bye-elections, having the knowledge that their election was not in accordance with the Constitution, they should have voluntarily stayed themselves from functioning in either capacity in order to uphold the command and the supremacy of the Constitution till the rectification by incorporating the Constitutional Amendment---Supreme Court exercised restraint and instead of declaring the bye-elections as unconstitutional directed that notifications issued by the Election Commission in respect of the said Parliamentarians and Members of Provincial Assemblies should remain suspended with all constitutional and legal consequences till the time rectification had not been obtained through a Constitutional Amendment and as soon as such Constitutional Amendment was passed in accordance with the Constitution, their membership would stand revived without any order by the court. (b) Constitution of Pakistan--- ----Arts. 218(3), 219 & 184(3)---Election Commission, duties of---Bye-elections---Bogus voters' list---Good…

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