Law:

Section:

(a) Senate (Election) Act (LI of 1975)-----S.82--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal granted to examine (i) whether period of membership of the Senate should be reckoned from the date the member took oath and he could be included in the lot only on completion of three years from that date; (ii) whether S.82 of the Act was ultra vires the Constitutional provisions which it professed to give effect to. [p. 690 ] A (b) Constitution of Pakistan (1973)-- ---Arts.224(3), 59, 62, 65(3) & 272--Senate (Election) Act (LI of 1975), S.82--Duration of the term of office of the members of Senate-­Term of office which is regulated by law, cannot be suspended merely because the person concerned had not taken the oath to enter upon his office--Oath of Office does not in any manner affect the term of office--Provisions of Art. 272, Constitution of Pakistan (1973) do not alter the position as regards the commencement of the term of office of the Senate Members of the group which has to retire after the expiry of three years. Article 224(3), Constitution of Pakistan (1973) clearly contemplates a fixed common date on which vacancies of the requisite number of seats as provided by Article 59 occur due to retirement of the stipulated number of Members. In the case of National Assembly, #Article 52 fixes the time from which the period prescribed therein for the life of the National Assembly, is to commence, namely, the date of its first meeting. Although no parallel provision has been made in the Constitution in respect of the Senate, section 82 of the Senate (Election) Act, 1975, provides for the commencement of the term of a member with reference to the first meeting of the Senate held after the names of the persons elected to the Senate are notified by the Election Commission. Article 65(3), on which reliance has been placed, does not regulate the term of office of a member of Senate, but is a general provision applicable to all offices under the Constitution in respect of which provision has been made for making an oath before entering upon the office. The only effect of this provision is that the person will be entitled to perform the functions of the…

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