ELECTION OF PRESIDENT

TOPICS:
I. ELECTION
II. POWERS
III. IMPEACHMENT

1. INTRODUCTION
PLD 2016 SC 2269

2. Constitutional Experience And Office Of The President

a. Under 1956 Constitution [Nominal Head]

b. Under 1962 Constitution [Head of Govt. appoints the Cabinet]
c. Under 1973 Constitution
i. Original Constitution
ii. After 8th Amendment
iii. After 13th Amendment
iv. Present Constitutional Set Up

3. RELEVANT PROVISION
Article 41-49 Constitution, 1973
Second Schedule
Article 54, 56, 58, 89
4. PRESIDENT AS HEAD OF STATE U/A 41

a. Symbol Of The Unity Of The Federation

Muhammad Nawaz Sharif’s Case
b. Highest Respectable Office Under The Constitution
Muhammad Nawaz Sharif’s Case
c. Head Of The State
d. Titular Executive Office
A titular ruler, or titular head, is a person in an official position of
leadership who possesses few, if any, actual powers.
e. Non-Political Neutral Entity
Muhammad Nawaz Sharif’s Case
f. Exercise Authority Of Federation
g. Ceremonial Functions
h. Balance Wheel In The Total Mechanism Of State Machinery

LANDMARK CASE LAW

PLD 1993 SC 473 [Nawaz Sharif vs. the President of Pakistan]
President as the symbol of the unity of the Federation is entitled to the highest respect and
esteem by all the functionaries of the State, but this respect and esteem will be forthcoming if
he conducts himself with utmost impartiality and neutrality, that he keeps himself entirely
aloof from party politics and does not give the impression to any one that he is siding with
one faction or working against the other.

QUALIFICATIONS OF PRESIDENT Article 41

 ELECTION OF PRESIDENT

i. Muslim
ii. Not Less Than 45 Years
iii. Qualified to Be Member Of National Assembly U/A 62

OATH OF PRESIDENT
Article 42
i. Before the Chief Justice of Pakistan
ii. As laid down in Third Schedule under the Constitution of Pakistan

LIMITATIONS FOR PRESIDENT’S OFFICE Article 43

Not to hold office of profit in the service of Pakistan
Not to be candidate for election as Member of Parliament of Provincial assembly
[His seat in either of the houses becomes vacant on being elected as a President]

TENURE OF PRESIDENT
Article 44
Five years
Extension in time period, President shall hold office until his successor enters in the office

RE-ELECTION Article 44

Two consecutive terms only

RESIGNATION Article 44(3)

May resign under his hand addressing to Speaker National Assembly

ELECTION OF PRESIDENT Article 41

A. Time Frame
i. Not before 60 Days of Expiration of Term of his office
ii. Not Later Than 30 Days Of Expiration of Term of his office

B. Dissolution of Assembly
If the National Assembly is dissolved, election of President will take place AFTER
30 DAYS from the general election of National Assembly.

C. Election to fill vacancy

When the vacancy on the seat of President occurs, due to:
a- Resignation
b- Impeachment
c- Death

WITHIN 30 DAYS from such vacancy.

D. Finality of Election of President

Election of the President cannot be called in question by or before any court or other
authority [Election Commission of Pakistan] as laid down in the Art 41(6) of the
Constitution.
 ELECTION OF PRESIDENT

ELECTORAL COLLEGE FOR ELECTION OF PRESIDENT

i. All Members of National Assembly

ii. All Senators
iii. All Members Of Provincial Assemblies
In total, 1,174 people are eligible to vote.

PROCEDURE OF ELECTION U/SCHEDULE 2

Indirect Procedure

Rules for holding Election

The CEC may with the approval of the President make rules for carrying out the
election procedure of President by public notification.
i. Returning Officer
Election to Be Conducted By Chief Election Commission

ii. Appointment of Presiding Officers

The Chief Election Commissioner shall appoint the Presiding
officers for each assembly, i.e. National Assembly, Senate and
Provincial Assemblies.
iii. Notification In Official Gazette

a) Date
b) Time
c) Place

 For submission of nomination papers.

 Final date for withdrawal of candidate
 Date & time of election
Procedure for nomination
 Submission of papers before noon on the day fixed submission
 Any member of the Parliament or Member of Provincial Assembly
 Nomination papers to be signed by any other member of such assembly as
Seconder
 Along with the signature of person nominated, showing his consent
 Limitation to give one name as nomination

iii. Scrutiny of Nomination Papers by CEC

Announcement of Candidates after scrutiny
If more than one persons are found qualified for such election
 ELECTION OF PRESIDENT

a- Through Public Notification

b- Names of validly nominated persons be declared as candidates
iv. Withdrawal of Nomination papers
Candidate may withdraw any time before noon
Day so fixed for withdrawal
By giving notice to Presiding Officer
Under his hand writing
v. Summons for National Assembly & Senate
v. Presiding Officer
For both houses of Parliament and Provincial Assemblies
vi. Poll to Be Secret Ballot
vii. Commissioner To Give A Voter List To Each Presiding Officers

viii. Issuance Of Ballot Paper

Ballot Paper shall be a book

It shall have counterfoils
Each counterfoil has to be numbered
Member voting, his name shall be entered on counterfoil

ix. Particulars Of Ballot Paper

a) Serial number
b) Name of candidate in alphabetical order
c) Ballot paper to be authenticated by presiding officer
d) Ballot paper to be marked by members
e) Ballot paper to be inserted in ballot box by voter in front of PO
f) Return of ballot paper if spoiled to PO
g) Issuance of 2nd Ballot paper cancelling the first BP

x. Empty of Ballot Box

After the closing poll each PO shall open and empty the box in presence of
Candidate or their agents.
xi. Counting of votes
After examining and rejecting invalid votes count the number of votes validly casted
xii. Submission of results to commissioner

vii. Commissioner may examine ballot paper

xiv. Ground of rejection

a) No initial of presiding officer

b) Does not contain any marks of candidate
c) Mark on two or more candidate
d) Uncertainty & unclear mark
 ELECTION OF PRESIDENT

e) Identification mark of voter

xv. Formula for preparations of result

a) NA votes cast
b) Senate votes cast
Formula for Provincial Assemblies
c) Punjab 371
d) Sindh 168
e) Balochistan 65
f) KPK 124
Votes cast in a provincial assembly [250] MULTIPLIED by total number of Seats of
Balochistan [65] DIVIDED by total number of seats [371] in the Provincial Assembly
in which votes were casted.
Number of votes counted in Parliament shall be added to the number of votes
calculated from all provincial assemblies.
Fraction shall be rounded off to the nearest whole.

xvi. Declaration of result

CEC shall declare the candidate obtaining the highest number of votes to be the
President of Pakistan.
xvii. Report of Result
CEC shall send the report to the Federal Govt.
DECLARATION OF PRESIDENT BY OFFICIAL NOTIFICATION
Federal Govt. shall declare the result by publishing in the official gazette

COMPARISON BETWEEN PAKISTANI PRESIDENT & AMERICAN PRESIDENT

ELECTION OF PRESIDENT OF PAKISTAN 2018

13th PRESIDENT
Presidential elections were held in Pakistan on 4 September 2018. Incumbent
President Mamnoon Hussain of the Pakistan Muslim League party was eligible for re-election
to a second 5-year term, but declined. His current term ended on 9 September 2018