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The next Presidential Election: Relevant clauses of the
Constitution:
44. Term of office of President.-
(1) Subject to the Constitution, the President shall
hold office for a term of five years from the day he enters upon
his office:
Provided that the President shall, notwithstanding the
expiration of his terms, continue to hold office until his
successor enters upon his office.
(2) Subject to the Constitution, a person holding office as
President shall be eligible for re-election to that office, but
no person shall hold that office for more than two consecutive
terms.
(3) The President may, by writing under his hand addressed to
the Speaker of the National Assembly, resign his office.
41. The President.-(1)
There shall be a President of Pakistan who shall be the Head of
State and shall represent the unity of the Republic.
(2) A person shall not be qualified for election as President
unless he is a Muslim of not less than forty-five years of age
and is qualified to be elected as member of the National
Assembly.
[(3) The President to be elected after the expiration of the
term specified in clause (7) shall be elected in accordance with
the provisions of the Second Schedule by the members of an
electoral college consisting of-
(a) the members of both Houses; and
(b) the members of the Provincial Assemblies.]
(4) Election to the office of President shall be held not
earlier than sixty days and not later than thirty days before
the expiration of the term of the President in office:
Provided that, if the election cannot be held within the period
aforesaid because the National Assembly is dissolved, it shall
be held within thirty days of the general election to the
Assembly.
(5) An election to fill a vacancy in the office of President
shall be held not later than thirty days from the occurrence of
the vacancy:
Provided that, if the election cannot be held within the period
aforesaid because the National Assembly is dissolved, it shall
be held within thirty days of the general election to the
Assembly.
(6) The validity of the election of the President shall not be
called in question by or before any Court or other authority.
[(7) The Chief Executive of the Islamic
Republic of Pakistan-
(a) shall relinquish the office of Chief Executive on such day
as he may determine in accordance with the judgment of the
Supreme Court of Pakistan of the 12th May, 2000; and
(b) having received the democratic mandate to serve the nation
as President of Pakistan for a period of five years shall, on
relinquishing the office of the Chief Executive, notwithstanding
anything contained in this Article or Article 43 or any other
provision of the Constitution or any other law for the time
being in force, assume the office of President of Pakistan
forthwith and shall hold office for a term of five years under
the Constitution, and Article 44 and other provisions of the
Constitution shall apply accordingly.]
43. Conditions of President's office.-(1) The President shall not hold any office of profit
in the service of
Pakistan
or occupy any other position carrying the right to remuneration
for the rendering of services.
(2) The President shall not be a candidate for election as a
member of [Majlis-e-Shoora (Parliament)] or a Provincial
Assembly ; and, if a member of [Majlis-e-Shoora (Parliament)]
or a Provincial Assembly is elected as President, his seat
in [Majlis-e-Shoora (Parliament)] or, as the case may be,
the Provincial Assembly shall become vacant on the day he enters
upon his office.
Story of General Pervez Musharraf:
1
Appointed as the Chief of Army Staff on October 7, 1998
2
Appointed as Chairman Joint Chiefs Staff Committee on
April 9, 1999.
3
Military coup on October 12, 1999: General Pervez
Musharraf became Head of the State and designated himself as
Chief Executive.
4
General Pervez Musharraf became the President of Pakistan
on June 20, 2001 after sending home the then President Justice (retd)
Muhammad Rafiq Tarar
5
As a result of nationwide Referendum on April 30, 2002,
the sole candidate, General Pervez Musharraf was elected as the
President of Pakistan for duration of five years, but he took
oath on 16th November 2002.
6
As a result of a deal with the MMA (Muttahida
Majlis-e-Amal) General Pervez Musharraf on state run PTV
announced to put off his military uniform by 31st
December, 2004 and will continue to serve as the President.
General Pervez Musharraf also got a vote of confidence on
January 1, 2004, from the Parliament and the four provincial
assemblies under the provision of the 17th Amendment passed by
the National Assembly and the Senate.
Whether General Pervez Musharraf has already consumed his
constitutionally mandated two consecutive terms or he would have
to shed his uniform depends solely on his own decision.
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