Law:

Section:

(a) Conduct of General Elections Order (7 of 2002)---.--- ---.--- Arts. 3, 8 A & 10(3)---.---Representation of the People Act (LXXXV of 1976), S.14(5)---.---Constitution of Pakistan (1973), Arts.63(l)(i) [as amended by Art. 3 of Legal Framework Order, 20021 & 199---.---Constitutional petition---.---Election dispute Disqualification---.---Nomination papers of the candidate were accepted by the Returning Officer but the Election Tribunal allowed the appeal and the nomination papers were rejected for want of qualification as required by Art.8 A of Conduct of General Elections Order, 2002---.---Plea raised by the candidate was that amendments were made in the Constitution by virtue of Art. 3 of Legal Framework Order, 2002, and the general elections being held under the provisions of Conduct of General Elections Order, 2002, the candidate was disqualified in view of Art.63(1)(i) [as amended] of the Constitution---.---Validity---.---Requisite notification in the official Gazette for revival of the Constitution or and amended provisions of the Constitution relating to the disqualification of a candidate to contest election was not issued under Art.4 of Legal Framework Order, 2002 ¬Without notification. the amendment introduced in Art.63(1)(i) of the Constitution did not come into play---.---Election Tribunal had wrongly allowed the appeal against the candidate by applying the provisions of Art.3 of Legal Framework Order, 2002---.---Order passed by the Election Tribunal was of no legal effect and the same was set aside---.---Nomination papers of the candidate were accepted and High Court directed the Election Commission to enable him to contest the election---.---Constitutional petition was allowed in circumstances. (b) Conduct of General Elections Order (7 of 2002)---.--- ---.--- Arts. 3 & 10(3)---.---Representation of the People Act (LXXXV of 1976) S.14(5)---.---General election---.---Disqualification---.---In view of the provisions of Arts.3 & 10(3) of Conduct of General Elections Order, 2002, the Order has overriding effect over the other laws Candidate whose case does not fall within the mischief of any of the disqualification clauses of the…

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