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IHC Seeks Reply from Law Ministry ECP over Presidential Ordinance

Posted by on Friday, March 6, 2015, 11:18
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The Islamabad High Court on Thursday sought reply from Secretary Law and Justice and Election Commission of Pakistan (ECP) in a plea challenging Presidential Ordinance regarding procedure for senate election applies to the Federal Administered Tribal Areas.

Islamabad High Court

Islamabad High Court

A two-judge bench comprising Justice Athar Minnallah and Justice Aamir Farooq initiated hearing of the petition filed by Syed Ghazi Gulab Jamal Member National Assembly MNA challenging Presidential Ordinance dated March,4, 2015 which called the Senate Election of members from the Federal Administrated Tribal Areas Order, 2015.

During the course proceedings,  Shafaqat Abbasi counsel for petitioner pleaded before the court to declared alleged impugned ordinance, illegal, void ab-initio, ineffective exercise while presenting the a news clipping before the court.

He also prayed to suspend this ordinance and the ECP may be directed to hold the senate elections as per Chief Executive’s order No.40 of 2002 in the interest of justice.

Justice Athar Minnallah asked for the attested copy of the Ordinance but the petitioner failed to provide that.

Justice Athar remarked that court could not pass any order on a news clipping an attested copy of the order would be required and issued notices to the respondents while seeking their comments over the issue within a week and adjourned the matter till then.

It is worth mentioning, that the ordinance S.R.O. 746(I)75 stated that ” in exercise of the powers conferred by clause (3) of Article 247 of the constitution of the Islamic Republic of Pakistan, the president is pleased to direct that the senate (elections) Act 1975 (No. LI of 1975), shall with immediate effect, apply to the Federal Administrated Tribal Areas, with the following

Modifications”, namely:

(a)  a reference in the said Act to a Province shall be construed as a reference to the Federal Administered Tribal Areas;

(b)  a reference in the said Act to the members to of a Provincial Assembly shall be construed as a reference to members of National Assembly from the Federal Administered Areas; and

(c)  Sub Section (3) of section 23 of the said Act shall have effect as if the following proviso were added thereto namely.

“Provided that a voter who is a member of the national Assembly from the Federal Administrated Tribal Areas shall have as many votes as the member of seats to be filled.

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