Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 63(1)(d)---Disqualification for membership of Parliament---Expression "he holds an office of profit in the Service of Pakistan"---Connotation---Person who does not hold an office of profit in the Service of Pakistan is not debarred from being elected or being the member of Parliament---Merely by virtue of person's being in the service of Pakistan he is not debarred from being elected or being the member of the Parliament under Art.63(1)(d) of the Constitution unless he also holds an office of profit in such service---Person who ceases to hold the office of profit in the service of Pakistan before the date of such election does not fall within the mischief of Art. 63 of the Constitution of Pakistan (1973). Article 63(1) (d) of the Constitution declares a person who holds an office of profit in the service of Pakistan from being elected or being the member of Parliament, unless the office held by him is declared by law, not to disqualify its holder. It is, therefore, quite clear that a person who does not hold an office of profit in the service of Pakistan, is not debarred from being elected or being the member of the Parliament. As a necessary corollary a person merely by virtue of his being in the service of Pakistan is not debarred from being elected or being the member of the Parliament under Article 63(1)(d) unless he also holds an office of profit in such service. The expression "he holds an office of profit in the service of Pakistan" used in Article 63(1)(d), clearly implies that in order to attract the disqualification mentioned in this provision, the person must be holding the office of profit in the service of Pakistan on the date of his election to the Parliament. Therefore, a person who ceases to hold the office of profit in the service of Pakistan before the date of such election does not fall within the mischief of this Article. (b) Constitution of Pakistan (1973)--- ----Art. 63---Provision of Art. 63 of the Constitution relating to disqualification of a person for being elected or being the member of Parliamenvare to be strictly construed. Provisions of Article 63 of the Constitution are to be…

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