ISLAMABAD: The appointment of the serving senior judge as Acting Chief Election Commissioner has been challenged in the Supreme Court on Thursday.
In his writ petition, the applicant Shahid Orakzai has taken the plea that according to constitution no one can hold two offices simultaneously , while Justice Shakir Ullah Jan is not only working as Senior Judge in the Supreme Court but on the other hand he is also working as Acting Election Commissioner at the same time, which is clear violation of the constitution.
He also gave the reference of article 250 , under which Chairman Senate or Speaker National Assembly even can not preside over the session, when he is working as Acting President of the country.
The petition said that after taking one oath , the previous oath taken by the individual automatically becomes null and void. Similarly Prime Minister, Chief Ministers and Federal Ministers could not be accountable under the oath taken as MNA or MPA.
He said that as Acting Chief Election Commissioner , Justice Shakir Ullah Jan can not even hear the case of dual membership of Chief Minister Punjab Shahbaz Sharif so he may be prevented by working through stay order on two posts during same time.