Re: Re-election & Uniform
So it’s done silently..
http://dailytimes.com.pk/default.asp?page=2007\09\16\story_16-9-2007_pg1_1
CEC amends rules for presidential poll
The Election Commission has amended the Presidential Election Rules 1988 ahead of the presidential elections so Article 63 of the Constitution no longer applies to the president.
Article 63 lays down various conditions under which a person can be disqualified from being a member of parliament.
With the amendment in clause (a), sub-rule (3) of rule 5 of the Presidential Election Rules 1988, the returning officer for the election can no longer conduct a summary inquiry or reject any nomination paper if the candidate is subject to disqualification from being elected as, or from being, a member of parliament as provided in Article 63 of the Constitution.
Earlier, this clause allowed the returning officer to conduct such an inquiry or reject nomination papers of a candidate if that candidate was not qualified under the Constitution to be elected as president, or was subject to disqualification from being elected as a member of the National Assembly. Now the words “or is subject to any disqualification from being elected as, and from being, a member of the National Assembly” have been omitted from this rule. The chief election commissioner amended the rules with the approval of President General Pervez Musharraf.
Commenting on the amendment, Federal Minister for Parliamentary Affairs Dr Sher Afgan Niazi told Daily Times that “under the Supreme Court’s decisions in the Qazi Hussain Ahmad case of 2002 and the Pakistan Lawyers Forum case of 2005, Article 63 is not applicable to the president in toto”.
He said the qualification for a person to become president was determined in Article 41 of the Constitution. Now Article 63 does not apply to the president, its clause (k), which prevents a government servant from participating in elections unless they have been retired for at least two years, and clause (o), which prevents anyone who holds an office of profit in the service of Pakistan from participating in elections, also do not apply to the president, Dr Niazi said. Due to hectic schedule of high court judges, the schedule of the presidential election will be announced on September 18, Online reported.