1* * * * * * *
224A. 2[Resolution by Committee or Election Commission.___(1) In case the Prime
Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on
any person to be appointed as the caretaker Prime Minister, within three days of the
dissolution of the National Assembly, they shall forward two nominees each to a Committee
to be immediately constituted by the Speaker of the National Assembly, comprising eight
members of the outgoing National Assembly, or the Senate, or both, having equal
representation from the Treasury and the Opposition, to be nominated by the Prime Minister
and the Leader of the Opposition respectively.
(2) In case a Chief Minister and the Leader of the Opposition in the outgoing Provisional
Assembly do not agree on any person to be appointed as the caretaker Chief Minister,
within three days of the dissolution of that Assembly, they shall forward two nominees each
to a Committee to be immediately constituted by the Speaker of the Provincial Assembly,
comprising six members of the outgoing Provincial Assembly having equal representation
from the Treasury and the Opposition, to be nominated by the Chief Minister and the Leader
of the Opposition respectively.
(3) The Committee constituted under clause (1) or (2) shall finalize the name of the care
taker Prime Minister or caretaker Chief Minister, as the case may be, within three days of
the referral of the matter to it:
Provided that in case of inability of the Committee to decide the matter in the aforesaid
period, the names of the nominees shall be referred to the Election Commission of Pakistan
for final decision within two days.
(4) The incumbent Prime Minister and the incumbent Chief Minister shall continue to
hold office till appointment of the caretaker Prime Minister and the caretaker Chief
Minister, as the case may be.
(5) Notwithstanding anything contained in clauses (1) and (2), if the members of the
Opposition are less than five in the MajliseShoora (Parliament) and less than four in any
Provincial Assembly, then all of them shall be members of the Committee mentioned in the
aforesaid clauses and the Committee shall be deemed to be duly constituted.]
225. Election dispute. No election to a House or a Provincial Assembly shall be called in
question except by an election petition presented to such tribunal and in such manner as may
be determined by Act of 3[MajliseShoora (Parliament)].
4[226. Election by secret ballot. All elections under the Constitution, other than those of the
Prime Minister and the Chief Minister, shall be by secret ballot.]
1 Clause (7) stands omitted as a consequence (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2.
2 New Article 224A ins. by the Act, No. 5 of 2012, s. 9.
3 Subs. by the Revival of the Constitution of 1973 order, 1985 (P.O No. 14 of 1985), Act. 2 and sch., for "Parliament".
4 Subs. by the Constitiution (Eighteenth Amdt.), Act, 2010 (10 of 2010), s. 84, for Ärticle 26".
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