Law:

Section:

(a) Senate (Election) Act (LI of 1975)-------Ss. 32 & 24---Appeal against count of votes---Competency---Appeal would lie to Chief Election Commissioner where my contesting candidate was aggrieved by any proceeding under S. 24, Senate (Election) Act 1975, relating to count---Where appeal was not against count of votes Chief Election Commissioner could not hear such appeal. (b) Senate (Election) Act (LI of 1975)--- ----Ss. 84 & 85---Sections 84 and 85 of the Senate (Election) Act, 1975 confer powers on Chief Election Commissioner to issue directions and instructions for ensuring holding of election justly and fairly including powers to review any order passed under the Act---Such powers, however, are controlled by the words "save as otherwise provided"; provisions of Ss. 32 & 34 Senate (Election) Act 1975, however, control such powers---No review of any order passed by the Returning Officer or any other officer having been sought in appeal, same was not competent even under Ss. 84 & 85, Senate (Election) Act, 1975. (c) Constitution of Pakistan (1973)--- ----Arts. 63 & 219---Senate (Election) Act (LI of 1975), Ss. 32, 34, 84 & 85--­Question of disqualification---Question of disqualification could be raised at the stage, firstly, when candidate was being elected or chosen and secondly, from being a member---First stage was over when nomination paper, without any objection from any of the candidates, was accepted by Returning Officer--­Question of second stage could be considered by Chief Election Commissioner under Art. 63(2) of the Constitution, where question of disqualification from being a member was referred to him by the Chairman of the Senate---Other remedy provided by law under S. 34, Senate (Election) Act, 1975 was by way of filing election petition---Election Tribunal was competent to go into the question of default in payment of loans etc.---Reliance on Art. 63 of the Constitution after the election was, thus, misconceived. (d) Senate (Election) Act (LI of 1975)--- ----S. 11 [as amended by Senate (Election) (Amendment) Ordinance (X of 1994), S. 32]---Default or indebtness in payment of loan or loan having been written off---No…

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