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SC moved to stay presidential election

* Petitioner contends acting president has not taken oath under Third Schedule

Staff Report

ISLAMABAD: A petition seeking the suspension of the presidential election has been filed in the Supreme Court on Monday.

The petitioner, Hashmat Habib, filed the petition on the grounds that the president’s electoral college is incomplete. The chief election commissioner had earlier rejected his plea for the postponement of the election.

The petitioner pleaded the apex court to suspend the election process until the electoral college was completed under Article 41(3) read with the Second Schedule and Article 50 of the constitution.

Oath: The petitioner contended that under Article 49(1) of the constitution, in the presence of acting President Muhammadmian Soomro, who is also the chairman of Senate, the electoral college for the presidential election was incomplete, rendering the election invalid.

“Admittedly, the Senate chairman has not taken oath of the office of president as provided in the Third Schedule, so he is a stranger to the office of acting president and acting in utter disregard of the Constitution,” the petitioner added. He said that under Article 255(3) of the constitution, the Senate chairman could not be the acting president, as he had not taken the oath for president under the Third Schedule.

He said Article 255(3) requires that all holders of constitutional offices except the attorney general, who is appointed under Article 100, take oath. The petitioner said under Article 255(3), a person was required to take oath before he entered an office, and was deemed to have entered upon the office on the day on which he took the oath.

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