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This story is from September 23, 2007
Pakistan SC to consider petition seeking stay on poll process
The Pakistan Supreme Court is set to consider the admissibility of a petition pleading for a stay on the presidential poll process.
ISLAMABAD: The Pakistan Supreme Court is set to consider on Monday the admissibility of a petition pleading for a stay on the presidential poll process initiated by the election commission in which General Pervez Musharraf is seeking re-election on October 6. Shahid Orakzai, a Pakistani citizen, in his petition has pleaded for the delay of the presidential poll till the nine-member bench of the apex court concluded its proceedings on the law, 'President to Hold Another Office Act, 2004.'
The government's lawyers have argued that the law enabled General Musharraf to hold the dual offices of the head of state and the Army chief.
The petitioner, however, has pleaded that General Musharraf had already made a statement in the court about his intention to quit as the Army chief after re-election as president.
The Chief Election Commissioner (CEC) might not be aware of the fact that the only legal instrument that justified the holding of two offices by the president was the dual office act, which had already been challenged in the Supreme Court, the petitioner said.
In a setback to the opposition's attempts to prevent President Musharraf from seeking re-election in uniform, the Supreme Court had earlier rejected cricketer-turned-politician Imran Khan's plea to revoke an amendment in election rules that allows the General to contest without giving up the post of army chief.
Khan, heading the Tehreek-e-Insaf (Social Justice) party, in his application had requested the court to implead the Chief Election Commissioner as a respondent in the main petitions, claiming that the amendment had been made in a "clandestine manner". The opposition parties have questioned the right of the CEC to amend the election rules.
The government's lawyers have argued that the law enabled General Musharraf to hold the dual offices of the head of state and the Army chief.
The petitioner, however, has pleaded that General Musharraf had already made a statement in the court about his intention to quit as the Army chief after re-election as president.
The Chief Election Commissioner (CEC) might not be aware of the fact that the only legal instrument that justified the holding of two offices by the president was the dual office act, which had already been challenged in the Supreme Court, the petitioner said.
The court was expect to consider the petition tomorrow.
In a setback to the opposition's attempts to prevent President Musharraf from seeking re-election in uniform, the Supreme Court had earlier rejected cricketer-turned-politician Imran Khan's plea to revoke an amendment in election rules that allows the General to contest without giving up the post of army chief.
Khan, heading the Tehreek-e-Insaf (Social Justice) party, in his application had requested the court to implead the Chief Election Commissioner as a respondent in the main petitions, claiming that the amendment had been made in a "clandestine manner". The opposition parties have questioned the right of the CEC to amend the election rules.
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