Following the notification of his victory as member provincial assembly in the by-elections from PP-10, Rawalpindi and his earlier win from PP 48, Bhakkar, a discussion is walking the legal and media corridors as to whether the Punjab Chief Minister Mian Shahbaz Sharif will attract the provisions of Article 223 of the constitution of the Islamic Republic of Pakistan. It is unfortunate that the hidden hands of the undemocratic forces have been allowed to initiate a constitutional debate that is not only baseless but indeed has been elicited without first critically reviewing the relevant provisions of law. The issue has been pitched for whatever political gains but in the current political scenario such misinformation further hinders the country's progress towards democracy and therefore demands an unbiased and more responsible approach from all circles. Article 223 on a plain reading provides: '223. Bar against double membership. (1) No person shall at the same time be a member of: (a) both houses; or (b) a house and a provincial assembly; or (c) the assembly of two or more provinces; (d) a house or a provincial assembly in respect of more than one seat. (2) Nothing in clause (1) shall prevent a person from being a candidate of two or more seats at the same time, whether in the same body or in different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declaration of result of the last such seat, resign all but one of his seats, and if he does not resign, all the seats to which he has been elected shall become vacant at the expiration of the period of said thirty days except the seat to which he has been elected last or if he has been elected to more than one seat on the same day, the seat for election to which his nomination papers were filed last. Explanation: In this clause, "body" means either house or a provincial assembly. (3) A person to whom clause (2) applies shall not take a seat in either house or the provincial assembly to which he has been elected until he has resigned all but one of his seats. (4) Subject to clause (2), if a member of either house or of a provincial assembly becomes a candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with the first seat, then his first seat shall become vacant as soon as he is elected to he second seat.' Sub clause (3) requires that a person shall not take seat in either house or the provincial assembly to which he has been elected until he has "resigned" all but one of his seats. A person can only "resign" once he has been notified as a returned candidate. The notification of Mian Shahbaz Sharif being elected as a returned candidate from the second seat was issued very recently. As per sub clause (2) the person is required to resign "within a period of thirty days after the declaration of result from the last seat." Hence, the question of applicability of sub clause (3) does not arise. Sub clause (4) is subject to sub clause (2) and is applicable when only a "member" of either house or of a provincial assembly "becomes" a candidate for a second seat. Sub clause (2) enables a "person" to become a candidate for two or more seats at the same time. Mian Shahbaz Sharif became a candidate for the PP 10 and PP 48 "at the same time" as a "person" and not as a "member" however the results of the two seats were announced at different times with an interval. Therefore, sub clause (4) also does not apply to Mian Shahbaz Sharif. Sub clause (2) envisages within its ambit the option to resign "within a period of 30 days after the declaration of results for the last such seat." It is clearly embedded in the language of sub clause (2) that the results may be announced on the same day or at different days. Therefore, it can be clearly inferred that if the results are announced on different days, the returned candidate has the period of thirty days "after" the declaration of the results for the last such seat to choose which seat to retain and to resign from the other seat(s). It can be categorically and most definitely stated that no option or requirement exists to resign before the declaration of the results from the last seat. If in the wisdom of some of the inference is other than that stipulated above then it would raise two interesting questions. Firstly, how can a person, who becomes a member on one seat during the course of the same by-election, where he was legally allowed to become a candidate for two or more seats, possibly resign from the other seat(s) before the Election Commission declares him a returned candidate? Secondly, how the provision of sub clause (4) can be made applicable to a "person" who was not a "member" when he applied for more than one seat in accordance with sub clause (2)? Therefore, those who argue that PP-48 has fallen vacant after the notification of PP-10 or that Mian Shahbaz Sharif is at all affected by the two time restriction kindly provide an answer to the above before opening a Pandora box of futile debates. The writer is an MNA and central vice president of the PML(N)'s Lawyers' Wing