Law: Contempt of Court Act, 1976

Section: 4

Law: Constitution of Pakistan, 1973

Section: 63(h),270AA,66

Law: Conduct of General Elections Order (7 of 2002)

Section: 8D(1)(h),8D(2)(h)

Law: Representation of the People Act, 1976

Section: 99(1)(g)

Representation of the People Act (LXXXV of 1976)--- ----Ss. 99(1)(g) & 100---Conduct of General Elections Order (7 of 2002), Art.8-D(1)(h), (2)(h)---Constitution of Pakistan (1973), Arts.63(h) & 199---Contempt of Court Act (LXIV of 1976), S.4---Constitutional petition---Conviction of candidate for election of Provincial Assembly under S.4, Contempt of Court Act, 1976 and sentenced to suffer imprisonment till the rising of the Court-Effect-Held, provision regarding permission to contest election after a lapse of five years from incurring disqualification having been omitted, disqualification incurred by the candidate was permanent in nature in view of Art.63(h) of the Constitution, Arts.8-D(1)(h) and 8-D(2)(h) of the Conduct of General Elections Order, 2002 as well as S.99(1)(g) of the Representation of the People Act, 1976---Principles. Amendment was made in Article 63(h) of the Constitution by the Legal Framework Order, 2002 whereby the period of disqualification was omitted. Protection was given to the Legal Framework Order, 2002 by virtue of Article 270-AA of the Constitution on account of 17th Amendment in the Constitution brought about on 31st December, 2003. Amendment was also made in section 99 of the Representation of the People Act, 1976 and according to subsection (1) clause (g), if a person is convicted for a crime involving moral turpitude, etc. he is not qualified to be elected or chosen as a member of an Assembly. Although conviction under the Contempt of Courts Act, 1976 does not find mention as disqualification under Article 63 of the Constitution, however, the language couched in section 100 of the Representation of the People Act and Article 63 of the Constitution as well as Arts.8-D(1)(h). and 8-D(2)(h) of the Conduct of General Elections Order, 2002 as well as section 99(1)(g) of the Representation of the People Act, 1976 is unambiguous and clear in all respects and, therefore, legal effect must be given to it. Since the provision regarding permission to contest election after a lapse of 5 years from incurring disqualification has been omitted, therefore, the disqualification incurred by the candidate is permanent in nature in view…

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