ZAINAB UMAIR vs ELECTION COMMISSION OF PAKISTAN Harmony and completeness, principles of

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ZAINAB UMAIR VS ELECTION COMMISSION OF PAKISTAN Harmony and completeness, principles of---Applicability---Constitution is to be construed in a manner which may give effect to each and every word of the same and which may harmonize working of the same and which may achieve object underlined in relevant provisions---Such is rule of harmony, rule of completeness and exhaustiveness and rule of paramountcy of written Constitution. arts. 63, 63-a, 106, 199 & 224 (6)---Election dispute---Reserved seats---Quota, determination of---Disqualification---Connotation---Petitioner assailed de-notifying of 5 Members of Provincial assembly on reserved seats by Election Commission along with denotification of 20 Members of Provincial assembly on the basis of defection clause and all 25 Members belonged to same political party---Validity---Calculation of quota for seats reserved for women and non-Muslims was made on the basis of total number of general seats secured by each political party in general election to Provincial assembly---Members to fill seats reserved for women and non-Muslims were elected through proportional representation system of political parties' lists of candidates---When seat reserved for women or non-Muslims in Provincial assembly fell vacant, on account of death, resignation or disqualification of a member, such seat was to be filled by next person in order of precedence from party list of candidates, submitted to Election Commission in terms of art.106(3)(c) of the Constitution upon compilation of results of general seats secured by each political party in general election, whose member had vacated such seat---Mention of three things in the Constitution necessarily implied that due to subsequent variation in strength of a political party on general seats, recount or recalculation of quota at any later stage was excluded---Word 'disqualification' was not defined in the Constitution, and thus, it must be given simple, natural, general, and grammatical meaning consistent with the purpose of the Constitution and also to bring harmony in its all clauses---Word "disqualification" was a noun and it simply meant, act of preventing somebody from doing something because he had broken a rule or was not suitable---Person stood disqualified to act as a member of assembly either on the basis of matters listed in art. 63 of the Constitution or on the ground of defection provided in art.63-a of the Constitution---When reserved seat had become vacant on account of any kind of such disqualifications, it was to be filled in accordance with the procedure laid down in art.224(6) of the Constitution---High Court set aside order passed by Election Commission as the same was passed without lawful authority and was of no legal effect---Constitutional petition was allowed, in circumstances. arts. 63 & 63-a---Retrenchment, principle of---applicability---Principle of retrenchment does not apply to members of assembly---Constitution does not support idea that any member should be de-seated before end of tenure of Provincial assembly when he or she does not exhibit any of the conduct that falls under the provision of art. 63 or 63-a of the Constitution.

ZAINAB UMAIR vs ELECTION COMMISSION OF PAKISTAN Harmony and completeness, principles of — 2022 PLD 635 LAHORE-HIGH-COURT-LAHORE

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