President’s Order No. 4 of 1962
Application of the not limited only to the holding 1st election to the National
and provincial Assemblies.
The contention was that Article 76 of the
President’s Order No.4 of 1962 which enacted that the wife of a person in the
service of Pakistan is qualified from being elected as a member of the Assembly
was limited to the holding of the first election and secondly that the
President acted beyond his constitutional powers by prescribing a further
disqualification in the said Article 76 in addition to those already specified
in Article 103 of the Constitution.
Held: Reading Article 230 of the Constitution
with the preamble of Order 4 of 1962 which sets Out in clear terms that it is
necessary to provide for the conduct of the elections to the National d
Provincial Assemblies and for matters ancillary thereto or connected therewith
one cannot escape conclusion that the above Order No. 4 was not confined to the
very first election.
Shamsunnehar Vs. Speaker, East Pak. Assembly (1965) 17 DLR (SC) 21.