AMENDMENT IN THE PRESIDENTIAL ELECTION RULES,
1988—
CLARIFICATION BY THE ELECTION COMMISSION OF
PAKISTAN
Islamabad, the 17th
September, 2007.- In the wake of divergent views being
expressed in the Press about the Amendment in the
Presidential Election Rules, 1988, the Chief Election
Commissioner of Pakistan has been pleased to clarify that
Article 41(2) of the Constitution of the Islamic Republic of
Pakistan, 1973 provides that: “A person shall not be
qualified for election as President unless he is a Muslim of
not less than forty-five years of age and is qualified to be
elected as member of the National Assembly.”
2. Attention in this respect is invited
to the decision of the Supreme Court of Pakistan in the case
reported as “Pakistan Lawyers Forum and others v.
Federation of Pakistan and others” (PLJ 2005 SC 1241)
wherein a five-member Bench of the Apex Court, following the
dictum laid down in the case of “Qazi Hussain Ahmed v.
General Pervaiz Musharraf, Chief Executive and another”
(PLD 2002 SC 853), has held that the President is only
required to be qualified to be a member of Parliament as
provided by Article 62 and is consequently not hit by the
disqualifications contained in Article 63 of the
Constitution.
3. In view of the provisions of Article
41(2) of the Constitution and in the light of observations
made in the above said Judgments of the Apex Court, clause
(a) to sub-rule (3) of Rule 5 of the Presidential Election
Rules, 1988 was required to be amended so as to exclude from
it the words: “or is subject to any disqualification from
being elected as, and from being, a member of the National
Assembly” occurring therein, with a view to bring it in
conformity with the provisions of Article 41(2) ibid
and the decisions of the Apex Court referred to above.
4. Therefore, in exercise of the powers
under paragraph 22 of the Second Schedule to the
Constitution of the Islamic Republic of Pakistan, the Chief
Election Commissioner of Pakistan has made the requisite
amendment, with the approval of the President, in clause (a)
to sub-rule (3) of Rule 5 of the Presidential Election
Rules, 1988, which relates to discretionary summary inquiry
to be conducted at the time of scrutiny of nomination
papers.
5. It may be further clarified that the
aforementioned Rule has only been updated and is not person
specific. It will apply to all the Presidential Candidates
at the time of scrutiny of the nomination papers which will
be conducted strictly on merits.
