President’s Order No.35 of 1962

 

President’s Order No.35 of 1962


The Election Tribunal was constituted under
President’s Order No. 35 of 1962, which expired on the 21st of November, 1964.
The result is that the Tribunal itself had ceased to function as a legally
constituted authority on and from the 21st of November, 1964. Order 35 of 1962
cannot be described as an “existing law”; under Article 225(7) having come into
force after the 8th June, 1962, that is, after the Constitution itself has come
into force.

Therefore, the finding arrived at by Election
Tribunal and the order made by it against the petitioner in this case are of no
legal effect as it was passed by an authority which had no legal existence on
and from the 21st November, 1964.

K.A. Kader
Vs. Election Tribunal, East Pak (1966) 8 DLR 1 (Special Bench).

 

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