The Islamabad high court (IHC) on Monday cleared Sadiq Sanjrani to continue retaining the placement of the Senate chairman.
A unmarried-member bench of Justice Aamer Farooq brushed off a petition seeking Sanjrani's disqualification for being 'under-age'.
The petitioner had challenged the eligibility of Sanjrani contending that he can't grow to be the acting president of Pakistan due to the fact he does now not meet the necessities set via the charter.
pronouncing the decision in an open court these days, Justice Farooq in a brief order said: "The petition is dismissed."
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Deputy lawyer fashionable Raja Khalid Mehmood Khan in his concluding arguments said that no prescribed age for the appearing president is written in the charter.
He said that the Senate chairman holds the workplace of president in the latter's absence.
He recalled that the minimum age for a member of the Senate is 30 years and the top house elects the chairman from among the participants.
The petition had pointed out that Sanjrani changed into 40 years antique and did no longer qualify the fundamental requirement to hold the presidential workplace in the absence of President Dr Arif Alvi.
in line with the petitioner, the acting president need to now not be much less than 45 years of age for the reason that charter has defined the age limit for the position of the President of Pakistan.
In response to the petition, Sanjrani in his para-wise comments filed earlier than the IHC said: “The petitioner has filed [the] immediately petition with mala fide intentions.”
He stated the petition become filed with none just reason of movement and a similar plea had already been dismissed by the Balochistan high courtroom.
furthermore, the petitioner has no locus standi (right to talk) inside the rely.
Sanjrani stated: “The constitution is paramount, and might only be amended through parliament in the way provided therein. The petitioner difficult the spirit of the constitutional scheme is acting malafidely, looking for to acquire judgement which can be contrary to the stated scheme.”
The written reply claimed that “the petitioner reputedly appears to be ordinary and looking to defame the constitutional officeholders with none simply and right motive and ground.”
It asked the court to dismiss the petition with fee.
The regulation ministry in its respond contended that the petition turned into now not maintainable and the petitioner had no locus standi. It additionally stated that the IHC lacked jurisdiction as the petitioner changed into not an aggrieved character in phrases of Article 199 of the constitution.
concerning the age of the Senate chairman, the ministry stated: “there is constantly [a] difference between the eligibility standards of a person who is frequently elected or appointed to hold a public office and the criteria for someone who is required to hold [an office] temporarily in acting potential on ex-officio basis.”
The mandate of Article forty nine is to set up for a prevent-gap arrangement until the president is elected, it stated, adding that qualification prescribed for the office of the president can not be construed because the qualification for the performing president.