Law: Constitution of Pakistan, 1962

Section: Arts. 98 & 169.

(a) Constitution of Pakistan (1962), Art. 169 read with Arts. 71 (2), 158, 159 & 162 (1)--Article 159 requires oath to be administered to persons who are members of Electoral College under Art. 158 and not to persons who are themselves elected by Electors-Constitution does not provide for oath to be taken by members of Assembly who have to vote for seats reserved for women in Assembly.   (b) Settlement of Disputes (First Elections) Order, 1962 [President's Order 13 of 1962], Preamble and Art. 3-Disputes "arising out of elections"-Cover disputes arising out of election to reserved seats under Art. 169, Constitution of Pakistan (1962)- High Court in exercise of special jurisdiction under Art. 98, Constitution of Pakistan (1962) will not Interfere 'in dispute relating to such election - Constitution of Pakistan (1962), Arts. 98 & 169.   ORDER   M. R. KAYANI, C. J.-The petitioner is a defeated candidate for a reserved seat of the Provincial Assembly, and it is argued on her behalf that the election was void by reason of the fact that the Electors for the said constituency were not sworn in as required by Article 159 of the Constitution. When we objected that Article 159 applied only to the consequences arising from Article 158, were referred to Article 229. In our opinion, neither of these Articles applies, and the Constitution does not require members of the Assembly who have to vote for women to take an oath before voting.   Article 158 provides that persons enrolled on the electoral roll for an electoral unitshall from amongst themselves elect a person who shall be known as the Elector for that unit and that these Electors shall constitute the Electoral College of Pakistan. It is clear that the Electors under Article 158 are persons who will return members to the ordinary seats of the Assembly. Article 159 is to the following effect:   "As soon as is practicable after he has been elected, an Elector shall, in the manner prescribed by law, make an oath in such form set out in the First Schedule as is applicable to members of the Electoral College."   Thust Article 159 requires an oath to be…