Parliament can elect President any time: SC
By Saad Saud

ISLAMABAD—Parliament has constitutional right to elect president whenever necessary at any stage during its term, Justice Khalilur Rehman Ramday said Monday. There is no constitutional bar to the effect that a parliament can elect president only one time during its five-year tenure, he said.
Justice Ramday, a member of the 11-judge bench hearing petitions against eligibility of General Pervez Musharraf to contest the presidential election held on October 6, made the observations during the proceedings. He said it was an incorrect contention that a parliament could not elect president more than one time during its term.
Justice Ramday said if the contention was upheld this would open the door for “chaos and anarchy” in the country. The constitutional clearly lays down that elected assemblies would continue to hold their constitutional rights until the last day of their terms, he noted.
Earlier barrister Dr. Farooq Hassan, appearing for petitioner Liaquat Baloch of Jamaat-e-Islami, argued that an outgoing “lame duck” parliament could not elect a president for five years. Head of the bench, Justice Javed Iqbal, observed that it was wrong to call a parliament a “lame duck” house. He advised barrister Hassan to confine himself to Pakistan and its constitution when the counsel started giving example of presidential polls in US and the electoral college there.
Justice Mohammad Nawaz Abbasi in a lighter vein observed it appeared that the counsel had studied the American constitution more thoroughly than the constitution of Pakistan and that was why he often made references to entirely different American system. Justice Fair Mohammed Khokhar and Justice Chaudhry Ejaz Ahmed asked barrister Farooq Hassan to restrict himself to the prayer in the petition because “your arguments are not according to the prayer.”
Barrister Farooq Hassan submitted some additional documents to supplement the petition, which challenged notification issued by the Election Commission on September 10, 2007 to amend presidential election rules. The counsel contended that the CEC had no authority to amend the rules and that the notification was in violation of constitutional provisions. He also argued that the same electoral college could not vote twice.
Barrister Farooq Hassan also raised points against the 17th amendment and Act 2004, which he said were Musharraf-specific legislation. But he agreed with Justice M. Javed Buttar that the two were valid legislation enacted according to the constitution. He however contended that individual-specific legislation was not appropriate.
The counsel also argued that General Musharraf had completed two terms as president and he was therefore not eligible to stand for a third term.