Law:

Section:

(a) Houses of Parliament and Provincial Assemblies (Elections) Order (5 of 1977)-----Art. (1),Explanatio(b)--"Technocrat"--Definition--Not necessary to have academic or professional qualifications for being a technocrat-­Provisions of Art. 5(1) Explanation (b) do not mention qualifications as a requisite condition in respect of the definition of term "technocrat"--Only professional competence, experience and expertise for administering or managing a unit is sufficient--Since no qualifications meaning thereby educational or professional qualifications are necessary as ingredients for constituting a "technocrat", question of any such qualifications not being recognized would not arise. Sh. Ihsanul Haq Piracha v. Wasim Sajjad and others P L D 1986 S C 200 fol. (b) Words and phrases-- Logistics" --Meaning. ORDER ZAFFAR HUSSAIN MIRZA, J.--The question raised in this appeal under section, 48 (3) of the Senate (Election) Act, 1975, is whether respondent No.l, Lt.-Gen. (Retd.) Saeed Qadir, is a "technocrat" within the meaning of the terms "as defined in clause (b) the Explanation to Article 5 (1) of the Houses of Parliament and Provincial Assemblies (Elections) Order, 1977 (hereinafter referred to as the "P.O. No.5 of 1977"). 2. The appellant Dr. Aon Muhammad Khan who is a medical doctor and respondent No. 1 as well as respondents Nos. 2 to 30, contested elections to the Senate for the 5 seats reserved for ulemas, technocrats and other professionals to be filled by the members of the Provincial Assembly having single transferable vote" under a system of proportional representation. In the aforesaid election respondents Nos. 1 and 4 other contesting candidates were declared elected to the aforesaid five reserved seats. The appellant being dissatisfied with the result of the election filed an election petition under section 34 of the Senate (Election) Act, 1975, in which he challenged the entire election held on 14th March, 1985, and particularly called in question the election of 3 returned candidates, namely, Shaikh Ihsanul Haq Piracha (Respondent No.2), Col. (Retd) Syed Mukhtar Hussain Shah (Respondent No.3) and Lt,-Gen. (Retd) Saeed Qadir (Respondent No.l). According…

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