KARACHI, Aug 5: A lawyer filed a petition in the Sindh High Court on Friday, seeking inquiry into the matter of misconduct by the acting Chief Election Commissioner for resuming to act as a judge of Supreme Court, while performing his duties as acting CEC what, he said, a “violation of Article 216 of the Constitution.”
Sohail Hameed submitted in his petition that Article 216 of provides that the CEC shall not hold any other office of profit in the service of Pakistan or occupy any other position, carrying the right to remuneration for rendering of the services.
He stated that the sub-section (2) to Article 216 provides that a person who has held office as commissioner shall not hold any office of profit in the service of Pakistan before expiration of two years after he has ceased to hold that office.
However, it was provided that the judge of Supreme Court or High Court shall after expiration of his term as Commissioner can resume his duties as such judge.
He said the acting CEC has before the expiry of his term resumed to be the judge of the SC against the proviso of Article 216 (2) of the Constitution.
Mr. Hameed said that the holding of the office of the judge of SC during his tenure as CEC, amounts to misconduct, and, therefore, President of Pakistan is under obligation under Article 209 of Constitution to direct Supreme Judicial Council to hold an inquiry against the acting CEC for misconduct.
