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The hidden hands

By ANUSHA RAHMAN KHAN June 28, 2008

(2) Nothing in clause (1) shall prevent a person from being a candidate of two or more seats at the same time, whether in the same body or in different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declaration of result of the last such seat, resign all but one of his seats, and if he does not resign, all the seats to which he has been elected shall become vacant at the expiration of the period of said thirty days except the seat to which he has been elected last or if he has been elected to more than one seat on the same day, the seat for election to which his nomination papers were filed last.

Explanation: In this clause, "body" means either house or a provincial assembly.

(3) A person to whom clause (2) applies shall not take a seat in either house or the provincial assembly to which he has been elected until he has resigned all but one of his seats.

(4) Subject to clause (2), if a member of either house or of a provincial assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with the first seat, then his first seat shall become vacant as soon as he is elected to he second seat.'

Sub clause (3) requires that a person shall not take seat in either house or the provincial assembly to which he has been elected until he has "resigned" all but one of his seats. A person can only "resign" once he has been notified as a returned candidate. The notification of Mian Shahbaz Sharif being elected as a returned candidate from the second seat was issued very recently. As per sub clause (2) the person is required to resign "within a period of thirty days after the declaration of result from the last seat." Hence, the question of applicability of sub clause (3) does not arise.

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