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Multi-seat
winners to decide on constituency by 31st
ISLAMABAD—Members-elect holding more than one seats in National or
Provincial Assemblies or otherwise will have to decide to keep one seat
within 30 days of the official notification, said Secretary Election
Commission of Pakistan Kanwar Muhammad Dilshad.
Notifications of returned candidates from National Assembly of Pakistan
as well as Provincial Assemblies of the Punjab, Sindh, NWFP and
Balochistan have been issued by the Election Commission of Pakistan on
1st March, 2008, he said in a statement issued here on Monday.
Likewise, Notifications of candidates elected on Reserved Seats for
Women and Non-Muslims in the National Assembly and Provincial Assemblies
have been issued by the ECP on 6th March, 2008, he said.
The Secretary Election Commission further said that Notifications of
returned candidates from National Assembly and Provincial Assemblies
seats contain the names of candidates returned to more than one seat in
either House or in difference Houses.
As such, he has invited attention of the Members elected to more than
one seat to Article 223 of the Constitution of the Islamic Republic of
Pakistan, 1973, which is reproduced hereunder for facility of reference:
“223. (1) No person shall, at the same time, be a member of—— (a) both
Houses; or (b) a House and a Provincial Assembly; or (c) the Assemblies
of two or more Provinces; or (d) a House or a Provincial Assembly in
respect of more than one seat.
Nothing in clause (1) shall prevent a person from being a candidate for
two or more seats at the same body or in different bodies, but if he is
elected to more than one seat he shall, within a period of thirty days
after the declaration of the result for the last such seat, resign all
but one of his seats, and if he does not so resign, all the seats to
which he has been elected shall become vacant at the expiration of the
said period of thirty days except the seat to which he has been elected
last or, if he has been elected to more than one seat on the same day,
the seat for election to which his nomination was filed last, he said.
A person to whom clause (2) applies shall not take a seat in either
House or the Provincial Assembly to which he has been elected until he
has resigned all but one of his seats.
Subject to clause (2) if a member of either House or of a Provincial
Assembly becomes a candidate for a second seat which, in accordance with
clause (1), he may not hold concurrently with his first seat, then his
first seat shall become vacant as soon as he is elected to the second
seat.”
Notifications of candidates elected on Reserved Seats for Women and
Non-Muslims in the National Assembly and Provincial Assemblies have been
issued by the ECP on 6th March, 2008, he said.
Kanwar Muhammad Dilshad clarified that in view of the provisions of
clause (2) of Article 223 of the Constitution, the Members elected to
more than one seat shall, within a period of thirty days after
declaration of result for the last such seat, resign all but one of
their seats, which will expire on the 30th March, 2008.
—Online
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