Article 224 — Time of Election and bye -electi on ................................ ............................. 129

Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be d eclared not later than fourteen days before that day .] 2[(1A) On dissolution of the Assembly on comple tion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care -taker Cabinet: Provided that the care -taker Prime Minister shall be 3[appointed] by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care -taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly: 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 83, for “clause (1)”. 2 New clauses (1A), (1B) and explanation ins. ibid. 3 Subs, inserted by t he Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s. 8. 130 3[Provided further that if the Prime Minister or a Chief Minister and their respective Lead er of the Opposition do not agree on any person to be appointed as a care -taker Prime Minister or the care -taker Chief Minister, as the case may be, the provisions of Article 224A shall be followed:] Provided 3[also] that the Members of the Federal and Provincial care-taker Cabinets shall be appointed on the advice of the care -taker Prime Minister or the care -taker Chief Minister, as the case may be. (1B) Members of the care -taker Cabinets including the care - taker Prime Minister and the care -taker Chief Minister and their immediate family me mbers shall not be eligible to contest the immediately following elections to such Assemblies. Explanation. — In this clause, “immediate family members” means spouse and children.] (2) When the National Assembly or a Provincial Assembly is dissolved, a ge neral election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls. (3) An election to fill the seats in the S enate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur. (4) When, except by dissolution of the National Assembly or a Provincial Assembly, a general seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occ urrence of the vacancy. (5) When a seat in the Senate has become vacant, an elec tion to fill the seat shall be held within thirty days from the occur rence of the vacancy. 1[(6) When a seat reserved for women or non -Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the politi cal party whose member has vacated such seat. ] 1 New Clauses (6) ins. and shall be deemed always to have been so ins. with effect from the 21st day of August 2002 by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 83. 1[Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may occur thereafter.] 2* * * * * * * * * 224A. 2[Resolution by Committee or Election Commission 224A. (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 care -taker Prime Minister, within three days of the dissolution of the Nationa l 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 care -taker 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 Pr ovincial 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 c are-taker Prime Minister or care -taker 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 care -taker Prime Minister and the care -taker 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 Majlis -e-Shoora (Parliament) and less than four in any Provincial Assembly, then all of 1 Added by t he Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s. 8 & 9. 2 Clause (7) stand s omitted as a consequence (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2. 132 them s hall be members of the Committee mentioned in the aforesaid clauses and the Committee shall be deemed to be duly constituted.] 225. Election dispute