Law:

Section:

(a) Proclamation of Martial Law (5-7-1977)- Read with Laws (Continuance in Force) Order (C. M. L. A's. I of 1977), para. 3-Time schedule for holding of elections-Supreme Court in Begum Nusrat Bhutto's case P L D 1977 S C 657 validated extra--¬Constitutional actions of Chief Martial Law Administrator, inter alia, because of solemn pledge given by him to direct all his energies towards creating conditions conducive to holding of free and fair elections but, held, did not give a time schedule for holding such elections despite suggestion to fix a definite time table in such regard. Begum Nusrat Bhutto's case P L D 1977 S C 657 ref. (b) President's Succession Order (P. O. 13 of 1978)-- Para. 3 read with Laws (Continuance in Force) Order, 1977 [C M. L. A's] No 1, para. 2-Constitution of Pakistan (1973), Arts. 41. & 43-President, filling vacancy of-President having resigned, such a big Constitutional vacuum, held, necessarily to be supplied-President's Succession Order, 1978 having been issued in pursuance of Proclamation of Martial Law (5th July 1977) read with Laws (Continuance in Force) Order, 1977, para. 2(1) and not in pursuance of Constitution (1973) and such Martial Law Orders having been validated by Supreme Court, contention that first respondent being in active service and not being a person eligible to be elected as a member of Parliament could not be appointed as President, held, without force. Mr. Zulfikar Ali Bhutto v. The State P L D 1978 S C 40 ref. (c) Constitution of Pakistan (1973)- Arts. 51 & 222 read with Electoral Rolls Act (XXI of 1974), S. 4, Electoral Rolls (Amendment) Ordinance (XXXIX of 1978), S. 3 and Electoral Rolls Order (P. O. No. 6 of 1969)-System of electorate¬ Constitution of Pakistan (1973)-Silent about system of electorate ¬Matters left to be determined by Parliament and eventually separate electorate provided for Muslims and non-Muslims by Electoral Rolls Act, 1974 (as amended by Electoral Rolls (Amendment) Ordinance. 1978]-Agreement regarding question of electorate having been settled by Constitution (1973), held, not tenable and not a single word of Constitutional mandate violated by adoption of separate electorate. Asma…

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