' SH. RIAZ AHMED, J.---This order shall dispose of C.P.L.A. No,681- L of 1998 filed by M.P. Khan and C.P.L.As. Nos.903-L and 904-L of 1998 filed Major (Retd.) Faisal Naseer Khan seeking leave to appeal against the judgment and order dated 9-2-1998 delivered by a Full Bench consisting of three learned Judges of the Lahore High Court whereby the order dated 18-12-1997 passed by the Acting Chief Election Commissioner rejecting the nomination papers filed by the petitioners to contest the election to the office of the President of Pakistan was affirmed and the writ petitions filed by the petitioners were dismissed.
2. The facts in brief giving rise to the institution of these petitions are that consequent to the resignation of Mr. Farooq Ahmad Khan Leghari, the then President of Pakistan, the office of the President of Pakistan fell vacant. To fill the vacancy so occurring the Acting Chief Election Commissioner in exercise of the powers conferred upon him by Article 41(3) read with Second Schedule to the Constitution of the Islamic Republic of Pakistan proceeded to conduct the election.
The petitioners also filed their nomination papers without being proposed or seconded by any over and, thus, during the serutiny of the nomination papers the Acting Chief Election Commissioner rejected the said nomination papers being violative of para. 4 of the Second Schedule to the Constitution. Para. 4 of the Second Schedule reads as under:-- "4. At any time before noon on the day fixed for nomination any member of the Majils-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President of person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e- Shoora (Parliament) or, as the case may be, Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination: ' Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election."
' It may be stated here that under Article 41 of the Constitution, the electoral college to elect the President of Pakistan consists of members of the Majlis-e-Shoora (Parliament) as well as four Provincial Assemblies, therefore, the name of a candidate is required to be proposed and seconded by a voter, who could only be either a member of the Majils-e-Shoora (Parliament) or a member of any of the four Provincial Assemblies. However, an elaborate procedure has been prescribed to hold election to the office of the President, which need not be dilated upon. Suffice it would be that for and nomination papers in respect of a candidate for the office of the President, it is essential that the same should be proposed and seconded by a member of the electoral college as aforesaid.
3. Since the petitioners' nomination papers were not submitted as required by the Constitution, the Acting Chief Election Commissioner rightly rejected the same.
4. Both the petitioners, who appeared in person, could not substantiate their case before us and failed to point out any illegality in the orders impugned so as to justify interference by this Court. It is further pertinent to mention that the petitions filed by Major (Retd.) Faisal Naseer Khan (C.P.
No,903-L & 904-L of 1998) are also barred by time.
5. Resultantly, all the three petitions having no merit and substance are hereby dismissed.