The complaints are being received from different quarters that the byeelections from different constituencies are being held against the provisions of Article 224(4) of the Constitution and law

 Islamabad, the 21^st January, 2012: The complaints are being received from different quarters that the byeelections from the under mentioned constituencies are being held against the provisions of Article 224(4) of the Constitution and law. The relevant Constitution Provision is reproduced below:

Article 224(4) of the Constitution

 

“(4) when, except by dissolution of the National Assembly or a Provincial assembly, a general seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that assembly is due to expire, an election to fill the seat shall be held within sixty days of  occurrence of the vacancy.”

 

2.                     The schedule for holding bye-elections in the under mentioned seven constituencies was notified in accordance with law by the Election Commission under Article 224 (4) of the Constitution due to death/ resignations of incumbent members.

Provincial Assembly of Punjab

Sl.No.	Number and Name of Constituency	Name of Member	Occurrence of vacancy due to death on	Term of Assembly would expire on
1	PP-239 Vehari	Sardar Muhammad Khan Khichi	27-11-2012	08-04-2013

Provincial Assembly of Sindh

Sl.No.	Number and Name of Constituency	Name of Member	Occurrence of vacancy due to resignation tendered by MPAs on	Term of Assembly would expire on
1	PS-73 Jamshoro-cum-Dadu	Mr. Murad Ali Shah	30-11-2012	04-04-2013
2	PS-84 Thatta-I	Mr. Sadiq Ali Memon
3	PS-101 Karachi-XIII	Mr. Abdul Moid Siddiqui
4	PS-103 Karachi-XV	Dr. Syed Muhammad Ali Shah
5	PS-113 Karachi-XXV	Mr. Askari Taqvi
6	PS-115 Karachi-XXVII	Mr. Muhammad Raza Haroon

 

3.                            According to above statement Provincial  Assembly of Punjab took oath of office on 08^th April 2008 whereas the vacancy in the above Assembly occurred due to death of Sardar Muhammad Khan Khichi MPA (PP-239 Vehari) who died on 27-11-2012. Calculating the remaining period of the expiry of term of the Punjab Assembly reckoning from 27^th November, 2012  comes to 131 which exceeds the limit of 120 days as mentioned in Article 224(4) of the Constitution.

4.                            Likewise, Provincial Assembly of Sindh took oath of office on 04^th April 2008 whereas the vacancies in the above Assembly occurred due to resignations tendered by the afore-said MPAs on 30-11-2012. Calculating the remaining period of the expiry of term of the Sindh Assembly reckoning from 30^th November, 2012 comes to 124 which exceeds the limit of 120 days as mentioned in Article 224(4) of the Constitution.