Law: Constitution of Pakistan, 1973

Section: 185(3),179,216(2),207(2),213(2),213,177

(a) Constitution of Pakistan--- ----Arts. 103(2) & 102---Governor, office of---Non-political status---Scope---Article 103(2) of the Constitution emphasized upon the non-political status of a Governor by stating that even if the candidate for the post of Governor was an elected member of Parliament or Provincial Assembly, before entering upon the office of Governor, he had to vacate such membership and further had to take oath as contemplated under Art.102 of the Constitution. (b) Constitution of Pakistan--- ----Arts. 213(2) & 177(2)(a)---Chief Election Commissioner, office of---Qualifications for appointment---Scope---Article 213(2) of the Constitution provides two disjunctive (separate) categories of qualifications for appointment as Chief Election Commissioner, firstly, that no person shall be appointed to such office unless he is, or has been, a Judge of the Supreme Court; secondly, unless such person is, or has been, a Judge of the High Court and is qualified under Art.177(2)(a) of the Constitution to be appointed as Judge of the Supreme Court. (c) Constitution of Pakistan--- ----Arts. 213(2) & 179---Chief Election Commissioner, office of---Appointment of retired/serving Judge of Supreme Court as Chief Election Commissioner---Condition of upper age limit---Scope---Person who is or has been a Judge of the Supreme Court in the past, is outrightly eligible to hold office of Chief Election Commissioner without any condition of upper age limit. Malik Hamid Sarfraz v. Federation of Pakistan and another PLD 1979 SC 991 ref. (d) Constitution of Pakistan--- ----Arts. 213(2), 179, 207(2), 215 & 216---Chief Election Commissioner, office of---Qualifications for appointment---Bar to appointment---Scope---Requirement under Art.213 of the Constitution that no person should be appointed to office of Chief Election Commissioner unless he is or has been a Judge of the Supreme Court, did not "ipso facto" attract the disabilities visualized under Arts.179 and 207(2) of the Constitution, more so when such aspects (disabilities) were separately dealt with under Arts.215 and 216 of the Constitution. (e) Constitution of Pakistan--- ----Arts. 213(2), 214, 179, 102,…

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