By-elections in Punjab, Sindh assemblies: Provisions of Article 224(4) of the Constitution and law

Islamabad, January 22, 2013 (PPI-OT): The complaints are being received from different quarters that the by-elections from the under mentioned constituencies are being held against the provisions of Article 224(4) of the Constitution and law. The relevant Constitution Provision is reproduced below:-

Article 224(4) of the Constitution

“(4) when, except by dissolution of the National Assembly or a Provincial assembly, a general seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that assembly is due to expire, an election to fill the seat shall be held within sixty days of occurrence of the vacancy.”

2. The schedule for holding bye-elections in the under mentioned seven constituencies was notified in accordance with law by the Election Commission under Article 224 (4) of the Constitution due to death/ resignations of incumbent members.

Provincial Assembly of Punjab
     
Sl.No.Number and Name of ConstituencyName of Member due to death onOccurrence of vacancy would expire onTerm of Assembly
1PP-239 VehariSardar Muhammad Khan Khichi27-11-201208-04-2013
Provincial Assembly of Sindh
Sl.No.Number and Name of Constituency tendered by MPAs onName of Member due to resignationOccurrence of vacancy would expire onTerm of Assembly
1PS-73 Jamshoro- cum-DaduMr. Murad Ali Shah30-11-201204-04-2013
2PS-84 Thatta-IMr. Sadiq Ali Memon  
3PS-101 Karachi- XIIIMr. Abdul Moid Siddiqui  
4PS-103 Karachi- XVDr. Syed Muhammad Ali Shah  
5PS-113 Karachi- XXVMr. Askari Taqvi  
6PS-115 Karachi- XXVIIMr. Muhammad Raza Haroon  
     

3. According to above statement Provincial Assembly of Punjab took oath of office on 08th April 2008 whereas the vacancy in the above Assembly occurred due to death of Sardar Muhammad Khan Khichi MPA (PP-239 Vehari) who died on 27-11-2012. Calculating the remaining period of the expiry of term of the Punjab Assembly reckoning from 27th November, 2012 comes to 131 which exceeds the limit of 120 days as mentioned in Article 224(4) of the Constitution.

4. Likewise, Provincial Assembly of Sindh took oath of office on 04th April 2008 whereas the vacancies in the above Assembly occurred due to resignations tendered by the afore-said MPAs on 30-11-2012. Calculating the remaining period of the expiry of term of the Sindh Assembly reckoning from 30th November, 2012 comes to 124 which exceeds the limit of 120 days as mentioned in Article 224(4) of the Constitution.

For more information, contact:
Election Commission of Pakistan (ECP)
Election Commission of Pakistan Secretariat
Election House, Constitution Avenue G-5/2,
Islamabad
Tel: +9251 920 1975, +9251 920 6062
Fax: +9251 920 5402, +9251 920 5300

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