LAHORE, May 6: The leader of opposition in the Punjab Assembly, Mr Qasim Zia, filed on Thursday a writ petition in the Lahore High Court requesting that the election of President Pervez Musharraf to be declared as unconstitutional and the office of the president vacant.

The constitutional petition, filed through advocate Dr Babar Awan at the principal seat here on Thursday, maintained that Gen Musharraf failed to pool required number of votes from the provincial assemblies of Punjab, Balochistan and the NWFP, and thus did not qualify to represent the people and as the head of state.

The petitioner submitted that the Chief Election Commissioner, also held as respondent along with the Punjab Assembly Speaker and returning and presiding officers appointed for the purpose of securing a vote of confidence on Jan 1, 2004, among others, converted the result of the electoral exercise for the vote of confidence into election results for the office of the president in an unconstitutional manner.

He also submitted that rules framed for the vote of confidence were communicated to the presiding officers of the NWFP Assembly later than the resolution for a vote of confidence.

Neither such resolution was ever sent to the presiding officer of the Punjab Assembly nor a division of the electorate (MPAs) was sought.

Also mentioned in the petition was that presiding officers for the vote of confidence were appointed from among judges of the superior courts whereas the law provided that a member of the provincial assembly concerned should be in the chair for such an electoral exercise.