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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