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ISLAMABAD: The Supreme Court has been requested through a petition to declare the entire process of electing Sadiq Sanjrani as chairman of the Senate illegal, void ab initio and in violation of the Constitution.
The petition, filed by Ammar Hussain Khushnood, sought a declaration that the qualifications for a person to be elected as chairman of the Senate or speaker of the National Assembly were the same qualifications as applicable to a person qualified for election as president under Article 41(2) of the Constitution.
Article 41(2) puts a condition that a person will not be qualified for election as president unless he is a Muslim of not less than 45 years of age.
According to the petitioner, Chairman Sanjrani does not fall within this provision and, therefore, the court should declare that a person who does not fulfil the qualifications of being elected as president should not be chosen or elected as chairman of the upper house of parliament.
Thus the newly elected chairman should not act as or perform the duties and functions of the president if and when the office of the president becomes vacant or the president is absent or unable to perform his functions for any reasons.
The petitioner has also asked the court to issue an ad interim relief by restraining Mr Sanjrani from acting as and performing the duties and functions of the chairman of Senate and from acting as and performing duties and functions of the president.
Published in Dawn, March 17th, 2018
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Comments (40) Closed
Mar 17, 2018 09:28am
Makes complete sense. Also how can the deputy chairperson of the senate and the opposition leader be from the same party ?
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Mar 17, 2018 09:33am
Why 45 minimum age?
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Mar 17, 2018 10:26am
Seriously? Hate runs deep in our political system.
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Mar 17, 2018 10:29am
Further drama, if that is true , ppp and pti must go back to law school to learn about the Constitution of Pakistan!
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Mar 17, 2018 11:26am
And the age limit for corruption by PMLN has no boundaries.
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Mar 17, 2018 11:38am
@Anti-Corruption why don't you file another petition just to reinforce this useless reason. PML N is not only desperate but abstract as well
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Mar 17, 2018 11:49am
Entire system is dis-functional and financial burden to poor Pakistan. Pakistan will be better of without this so call fake democratic system and disfunctional police system.
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Mar 17, 2018 12:00pm
@Anti-Corruption in the previous Senate term, the Senate Chairman (Mr Rabbani) and the opposition leader (Mr Ahsan) were from the same party.
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Mar 17, 2018 12:28pm
Now, again door of Supreme Court knocked. If decision come favourably, justice done. If decision come against, decision made somewhere else.
Age factor is for the President and not Chairman Senate. If ever Senate Chairman has to act as President, he would do it as interim arrangement. He is not elect President. As such age factor is not relevant to him.
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Mar 17, 2018 12:37pm
This was the prime duty of election commission. They should rejected the nomination papers from the outset.
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Mar 17, 2018 12:37pm
People who nominated him as chairman should be sacked as law makers don’t know the rules to elect their chairman. They were either complacent or compromised.
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Mar 17, 2018 12:44pm
@TM exactly!
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Mar 17, 2018 01:05pm
This petition is frivolous and without any merit. The minimum age to become a senator is 30 as per Article 63 (1)(c) of the Constitution and the Chairman Senate is elected among the senators. Whereas, the provision of Article 41 (2) of the Constitution only applies to the President of Pakistan.
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Mar 17, 2018 01:07pm
Peoples Party leadership had done a great national service by bringing a Baloch as Chairman Senate who could also be the acting President in his absence. Now if legally Mr Sanjrani can not hold this position please bring another senator from Balochistan only. But to have Chairman and Deputy Chairman both from the same party is also against the national spirit and interest. Unfortunately there are some major setbacks in over all laws of elections and governance having loop holes for corruption and nepotism. Which have caused damage to national unity, political stability, an efficient and honest function of democracy again and again. Which should be updated and amended in the larger interest of the Nation.
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Mar 17, 2018 01:09pm
Perhaps a win win situation would be that the SCP rules on the middle grounds . His election as the chairman is upheld But he is barred to take over as Acting President Till he attains the age of 45 , so No One should feel aggrieved
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Mar 17, 2018 01:27pm
Very stupid petition by the corrupt Nawaz-league.
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Mar 17, 2018 01:31pm
This is PMLNs true face... they can’t accept defeat
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Mar 17, 2018 01:31pm
Valid point. The Constitution of Pakistan is very clear about it.
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Mar 17, 2018 02:22pm
Funny! Here age matters. But when electing party president they changed law so that even a convicted criminal can become party president.
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Mar 17, 2018 02:24pm
Why no maximum age to limit Nawaz, Zardari and other politicians who are running family dynasties for past 40 years?
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Mar 17, 2018 03:30pm
@Atta invalid argument
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Mar 17, 2018 03:31pm
@Atta same as stupidity level of PTI supporters has no limit
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Mar 17, 2018 03:33pm
Article 62.1 (c) of the Constitution defines qualifying age for Senator as no less than thirty years of age. It is from within the elected body of Senators, Chairman and Deputy Chairman are to be elected. There is no separate age of the Chairman or Deputy Chairman defined. Role of the Chairman as President is that of temporary stand in until the President returns to office or new President is elected per the qualification of no less than 45 years of age (Article 41 (2)). The point is there is an elected President for who is of no less than 45 years of age, and then there is temporarily stand in for President under special circumstances (defined in Article 49 (1, 2) who is Chairman of the Senate of no less than 35 years of age, and if he cannot b/c of some reason, it is Speaker (no less than 25 years of age per Article 62 (b)) of the Majlas-e- Shoora (Parliament) on a temporary basis defined in Article 49 (1, 2).
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Mar 17, 2018 04:06pm
He is elected as Chairman of the SENATE and not as President of Pakistan. He fulfills the conditions as Senator; that is it..................If he will act as President, then by virtue of his position HE WILL ACT and not due to age limit.
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Mar 17, 2018 04:17pm
The mentioned Article 41(2) of the Constitution is about the age of the President of Pakistan and not the age of Chairman of the Senate. To be a senator you has to be 30 years old and Sanjrani is 39.
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Mar 17, 2018 04:46pm
Nice twist in the Senate election drama. Who needs TV soaps. This is most suspenseful drama of the month.
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Mar 17, 2018 05:18pm
He hasn't been elected as "President of Pakistan", and I don't think there is anything in the constitution that states that a person cannot act as president if the responsibility falls on him in the absence of the president.
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Mar 17, 2018 05:26pm
This is called a deiberate but futile attempt by the powerful external forces to throw a spanner in the current operations of the State.
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Mar 17, 2018 05:34pm
It is stupid petition. should be dismissed.
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Mar 17, 2018 05:46pm
No one can beat Zardari. I can bet he knew about this all along. Having collaborated with PTI for Sanjrani he got PTI on board for his close associate Mr. Mandviwalla i.e. for the deputy chairperson.
Correct me if I am wrong, in case this petition is upheld in the courts, who do you think will be the 'automatic' chairperson of senate to replace Mr. Sanjrani???!!!
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Mar 17, 2018 06:08pm
Likewise, Mamnoon Hussain should be immediately sacked as he has no political experience or acumen or manners to be the President of Pakistan. The only qualifications he has is making biryani for Nawaz Leak!!
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Mar 17, 2018 06:16pm
Leave him alone PML N.
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Mar 17, 2018 06:41pm
PML-N bent upon is negative attitude when it loses
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Mar 17, 2018 09:04pm
@GK read the constitution . Please avoid propaganda just for opposition.
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Mar 17, 2018 09:08pm
Amir Khushnood Hussain, have you really lost your mind for filing such a worthless and baseless petition. Totally you have made joke of law and judiciary. The chairman of senate was constitutionally elected and according to proper democratic system. Minimum 45 is the age for President of Pakistan to be elected, not to Senator to who takes interim charge. Therefore, petition Amir Khushnood Hussain should be declared null and void, dismissed with immediate effect.
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Mar 17, 2018 09:14pm
In fact is there anyone in the parliament who can be elected as President and/or Prime Minister of Pakistan in the true spirit of the constitution?
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Mar 17, 2018 09:43pm
Guys, somebody is really disparate. There has been at least one speaker in the past with less that 45 years of age.
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Mar 19, 2018 06:57am
Senate Chairman takes oath as President, in absence of President. The restriction is just for being elected as President. No issue.
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Mar 19, 2018 09:00pm
Very intersting coloumn
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Mar 19, 2018 09:01pm
i am a researcher
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