A constitutional petition filed in the top court on Friday has challenged the age of Senate Chairman Sadiq Sanjrani. Petitioner Barrister Ammar Hussain Khushnood contended that the election of Sadiq Sanjrani as chairman Senate clearly violates the principle laid down in Article 41(2) of Constitution. He prayed that Sanjrani's election be declared illegal, void ab initio as on 12-03-2018 his age was 39 years.
Barrister Khushnood submits that under Article 49(1) and (2), in case of the presidency post being vacant or the president is absent or unable to perform his duty, the Senate chairman becomes the acting president without being elected. He further added that keeping in view that Article 41(2) of the Constitution states "a person shall not be qualified for election as president unless he is a Muslim of not less than 45 years of age and is qualified to be elected as member of the National Assembly," Sajrani does not qualify to be acting president due to his age.
The writ petition prays to the top court to declare the election of Sanjrani as chairman of the Senate as "being illegal, void ab initio and in violation of the provisions of the Constitution of Pakistan, 1973." It also requested the SC to declare the qualifications for Senate chairman and speaker National Assembly to be the same as President of Pakistan under Article 41 (2). Barrister Khushnood has filed the petition under Article 184(3) of Constitution and made secretary Ministry of Law, federation through secretary Ministry of Parliamentary Affairs, president of Pakistan, Election Commission of Pakistan, and secretaries Senate and National Assembly as respondent.
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