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Petition against presidential election adjourned

ISLAMABAD: The Islamabad High Court (IHC) on Monday adjourned indefinitely the hearing of a constitutional petition requesting the court declare the September 6 presidential election void, as the petitioner did not attend the hearing.

A single bench of the IHC consisting Chief Justice Sardar Muhammad Aslam heard the case. The petitioner, Save the Judiciary Movement Chairman Hashmat Ali Habib advocate, had requested the IHC declare the presidential elections void until the Electoral College under Article 41 (3), read with Second Schedule and Article 50 of the Constitution, was completed. The chief election commissioner, who was the presiding officer for the elections, and secretaries from the law and Establishment Division were made respondents. The petitioner said that after de-fecto president Pervez Musharraf resigned on August 18, Senate Chairman Mohammadmian Soomro took over charge as acting president under Article 41 (1) of the Constitution, which read as “If the office of president becomes vacant by reasons of death, resignation or removal of the President, the Chairman Senate or Speaker of the National Assembly will act as Acting President until a President is elected in accordance with Clause 3 of Article 41”. He said that according to the Article 255 (3) of the Constitution, the Senate chairman is a stranger to the office of acting president, as he had not taken oath provided for the president under the Third Schedule of the Constitution. He said Article 255 (3) had clearly put a bar on taking oath upon all the constitutional office holders except the attorney general. “Admittedly the Senate chairman had not taken an oath as provided for the office of president in the Third Sched-ule, thus he was a stranger to the office of Acting President and acted in utter disregard to the constitution during the conduct of the presidential election,” the petitioner added. staff report

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