Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Arts. 260, 240, 101(2) & 199---Constitutional petition---Re-appointment of former Governor to the same office within period of two years ---Validity--­Appointment of respondent as Governor had been challenged primarily on the ground that having been in the "Service of Pakistan", respondent was not qualified to be re-appointed to the office of Governor---Office of Governor whether an office in the service of Pakistan---Governor being holder of "Canstitutional office" as distinct from "service of Pakistan", has been treated by the Constitution itself on a different plane and on a different level, therefore, to hold only on the basis of definition clause of Art. 260 of the Constitution, that persons holding Constitutional offices were also in service of Pakistan would amount to violating the Constitution itself---Respondent while holding Constitutional office of Governor was not in service of Pakistan and was not disqualified from being re-appointed as Governor within period of two vears from his ceasing to hold that office---Distinction between "Constitutional office" and offices in "service of Pakistan" elaborated.--[Words and phrases]. Constitution of 1973 itself draws distinction between Constitutional Offices and Offices in `service of Pakistan'. The offices like that of the President, Governor, Judges of the Superior Courts, Chief Election Commissioner and the Auditor-General of Pakistan are creatures of Constitution and do not exist independently of the Constitution which itself prescribes terms and conditions of those offices. On the other hand, the offices `in service of Pakistan' .are neither created by the Constitution nor are their terms and conditions prescribed by it. The two kinds of offices by their very nature are different and have been separately dealt with by the Constitution itself and cannot be equated. While the holders of Constitutional offices are required to take oath prescribed by the Constitution itself before entering their offices, it is not so in the case of offices in service of Pakistan Article 260 in which the definition of `service of Pakistan' appears is in the nature of an…

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