Law: Constitution of Pakistan, 1973

Section: 41, 265

  (a) Constitution of Pakistan (1973) Arts. 41 & 265 read with Presidential Election Rules, 1973, r. 3 Validity of election of President cannot be questioned under cl. (6) of Art. 41-Under Art. 265(3), the Constitution of Pakistan (1973) came into force on the date of its enactment i.e. 12-4-73 for the purposes of conducting election of President and provision of cl. (6) of Art. 41 pertaining to such election became operative from this date-Election of President, in circumstances, could not be chal lenged on ground that nomination paper of candidate was not accompanied by attested copy of extract from electoral roll in which ,candidate was enrolled as voter-Objection not of substantial nature when it was not denied that candidate was in fact a voter and his .name was borne on list of voters. (b) Election Beginning or end of, or what constitutes election-Questions to be answered with reference to context in each case. As to when does an election start and when it ends or what is the meaning of the word "election" is a question to be answered with reference to the context of each case and the relevant law or statute. Generally speaking election is a process which starts with the issuance of the election programme and consists of the various links and stages in that behalf, is for example, filing of the nomination papers, their scrutiny, the hearing of objections and the holding of the actual polls etc. etc. If any of these links are challenged it really tantamounts to challenging the said (process of) election.                                                                                                         JUDGMENT K. E. CHAUHAN, J.------In pursuance of Article 41 of the Constitution of the Islamic Republic of Pakistan enacted on 12th April 1973 (hereinafter called for the sake of brevity as the Permanent Constitution) election to the office of the "President" of the…