(1) | A person shall be disqualified from being elected
or chosen as, and from being, a member of the Majlis-e-Shoora
(Parliament), if:-
(a) | he is of unsound mind and has been so
declared by a competent court; or |
(b) | he is an undischarged insolvent; or |
(c) | he ceases to be a citizen of Pakistan, or
acquires the citizenship of a foreign State; or |
(d) | he holds an office of profit in the service
of Pakistan other than an office declared by law not to
disqualify its holder; or |
(e) | he is in the service of any statutory body
or any body which is owned or controlled by the Government
or in which the Government has a controlling share or
interest; or |
(f) | being a citizen of Pakistan by virtue of
section 14B of the Pakistan Citizenship Act, 1951 (II of
1951), he is for the time being disqualified under any law
in force in Azad Jammu and Kashmir from being elected as a
member of the Legislative Assembly of Azad Jammu and
Kashmir; or |
(g) | he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in
any manner, prejudicial to the ideology of Pakistan, or the
sovereignty, integrity or security of Pakistan, or morality,
or the maintenance of public order, or the integrity or
independence of the judiciary of Pakistan, or which defames
or brings into ridicule the judiciary or the Armed Forces of
Pakistan, unless a period of five years has elapsed since his release; or |
(h) | he has been, on conviction
for any offence involving moral turpitude, senteced to imprisonment for a
term of not less than two years, unless a period of five years has
elapsed since his release; or |
(i) | he has been dismissed from the service of Pakistan or service of a
corporation or office set up or, controlled, by the Federal Government,
Provincial Government or a Local Government on the grounds of
misconduct, unless a period of five years has elapsed since his dismissal; or |
(j) | he has been removed or compulsorily retired from the service of
Pakistan or service of a corporation or office set up or controlled by
the Federal Government, Provincial Government or a Local Government on
the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or |
(k) | he has been in the service of Pakistan or
of any statutory body or any body which is owned or
controlled by the Government or in which the Government has
a controlling share or interest, unless a period of two
years has elapsed since he ceased to be in such service; or |
(l) | he, whether by himself or by any person or
body of persons in trust for him or for his benefit or on
his account or as a member of a Hindu undivided family, has
any share or interest in a contract, not being a contract
between a cooperative society and Government, for the supply
of goods to, or for the execution of any contract or for the
performance of any service undertaken by, Government: |
Provided that the disqualification under this
paragraph shall not apply to a person-
(i) | where the share or interest in the
contract devolves on him by inheritance or succession or
as a legatee, executor or administrator, until the
expiration of six months after it has so devolved on him; |
(ii) | where the contract has been entered
into by or on behalf of a public company as defined in
the Companies Ordinance, 1984 (XLVII of 1984), of which
he is a share-holder but is not a director holding an
office of profit under the company; or |
(iii) | where he is a member of a Hindu
undivided family and the contract has been entered into
by any other member of that family in the course of
carrying on a separate business in which he has no share
or interest; or |
Explanation.- In this Article "goods" does not
include agricultural produce or commodity grown or
produced by him or such goods as he is, under any
directive of Government or any law for the time being in
force, under a duty or obligation to
supply.
(m) | he holds any office of profit in
the service of Pakistan other than the following offices,
namely :-
(i) | an office which is not whole time
office remunerated either by salary or by fee; |
(ii) | the office of Lumbardar, whether
called by this or any other title; |
(iii) | the Qaumi Razakars; |
(iv) | any office the holder whereof, by
virtue of such office, is liable to be called up for
military training or military service under any law
providing for the constitution or raising of a Force; or |
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(n) | he has obtained a loan for an amount of two million rupees or
more, from any bank, financial institution, cooperative society or
cooperative body in his own name or in the name of his spouse or any
of his dependents, which remains unpaid for more than one year from
the due date, or has got such loan written off; or |
(o) | he or his spouse or any of his dependents has defaulted in payment
of government dues and utility expenses, including telephone,
electricity, gas and water charges in excess of ten thousand rupees,
for over six months, at the time of filing his nomination papers; or |
(p) | he is for the time being disqualified from
being elected or chosen as a member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly under any law for
the time being in force.
For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.
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