Asked to comment on a petition filed with the apex court challenging the election and questioning the candidacy of both the candidates, he pointed out that under Article 41 (6) of the constitution the validity of the election of the president shall not be called into question by or before any court or other authority.
He said the only forum available to challenge the qualification of the candidates for the office of the president was the Chief Election Commissioner in his capacity as returning officer for the poll and that too only at the time of scrutiny of nomination papers.
He said objections had been raised against both the candidates at the time of scrutiny by persons, but were found to be irrelevant by the Chief Election Commissioner.
He said qualification and disqualification clauses of the constitution were made applicable for all the candidates for the office of the president after over a decade and the candidates fulfilling the requirements of Articles 62 and 63 of the Constitution were allowed to contest the poll.
Answering a question, he said the absence of a regular Chief Election Commissioner would not affect the by-elections in 42 national and provincial assembly constituencies scheduled for August 22.
He said on the acceptance of resignation tendered by Chief Election Commissioner retired Justice Fakhruddin G. Ebrahim by the president, an acting chief election commissioner or a judge of the Supreme Court would be nominated by the Chief Justice of Pakistan to act as commissioner, in accordance with Article 217 of the constitution.
He said the acting CEC would continue to perform duties till a new commissioner was chosen by a parliamentary committee.
He said under Article 213 of the constitution the prime minister, in consultation with the leader of the opposition in the National Assembly, shall forward three names for appointment of the commissioner to a parliamentary committee for hearing and confirmation of any one person.
The parliamentary committee to be constituted by the speaker shall comprise 50 per cent members from the treasury benches and 50 per cent from the opposition parties, based on their strength in the parliament, to be nominated by the respective parliamentary leaders.
Provided that in case there was consensus between the prime minister and the opposition leader, each shall forward separate lists to the parliamentary committee for consideration which may confirm any one name. The total strength of the parliamentary committee shall be twelve members out of which one-third shall be from the Senate.
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