Law:

Section:

Constitution of Pakistan--- ----Arts. 41(2), 49(2), 60, 62 & 260---Chairman Senate---Age had assailed election of respondent as Chairman Senate on the plea that he was less than 45 years of age and could not be appointed as Acting President of Pakistan---Validity---None of the Articles of the Constitution described age of persons who would hold offices of Chairman of the Senate and Speaker National Assembly, who were to be elected from amongst its member irrespective of the age---Provision of Art.62(1)(b) of the Constitution stipulated age of a person qualified to be elected as member of National Assembly as not less than 25 years, while Art.62(1)(c) described age of a person qualified to be appointed as Member of the Senate as not less than 30 years of age apart from other qualifications---Age of Chairman of the Senate or of the Speaker of National Assembly was not a pre-requisite nor a condition to act as President of the Pakistan---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, J.- This petition was filed with the relief: "--- the election of respondent No. 1 as Chairman Senate having no qualified requirement may kindly be declared as illegal and null and void. The writ of quo-warranto may be issued in the interest of justice, equity and fairplay. Further, this Hon'ble Court may kindly be pleased to restrain the respondent No. 1 to hold the office of President of Pakistan" 2. It was case of the petitioner that the election for Chairman of the Senate was held on 12th March 2018, while respondent No. 1 Sadiq Sanjrani was declared as Returned Candidate, thus elected as Chairman of the Senate, and hold the post. That one of the duties of the Chairman of the Senate is to hold the office of the President of Pakistan in his absence, and to perform the duties till his return. That the qualifications to be elected as the President of Pakistan as contained in Article 41, sub-Article (2) of the Constitution of Islamic Republic of Pakistan 1973 (The Constitution) that he must be a Muslim, and not less then than forty five (45) years of age, and also qualified to be elected as a member of the National Assembly.…

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