1995 PLP 402 (CLC)

Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 199‑‑‑Petitioner in his Constitutional petition had challenged decision of his Parliamentary Party and ruling of Speaker of Assembly according to which petitioner was disqualified from membership of Provincial Assembly‑‑ During course of hearing of petition, leader of said Parliamentary Party and Speaker withdrew their respective decision and ruling with regard to disqualification of petitioner from membership of Assembly and made reference to Election Commission/Chief Election Commissioner about disqualification of petitioner and made statement in that respect‑‑ Constitutional petition, consequently was disposed of with observation that decision and ruling about disqualification of petitioner having been withdrawn and membership of petitioner having been restored and matter having been referred to Election Commission, parties would attend the Commission‑‑ Commission was desired to expedite disposal of reference, by day to day hearing. Sharif ud Din Prizada, Shahzad Jehangir and Qazi Muhammad Anwar for Petitioners. Mian Saqib Nisar, Iftikhar Hussain Gilani and Sardar Muhammad Khan for Respondent. Dates of hearing: 19th and 20th March, 1994. ABDUL KARIM KHAN KUNDI, CJ.‑‑‑In the writ petitions the decision of the Parliamentary Party Pakistan Muslim League (Nawaz Group) and the ruling of the Speaker vis‑a‑vis the disqualification of the writ petitioners from the membership of the Provincial Assembly were impugned. During the course of hearing it transpired that the Leader of the Parliamentary Party 'Pakistan Muslim League (Nawaz Group) and the Speaker of the Provincial Assembly have made references to 'the Election Commission/Chief Election Commissioner vis‑a‑vis the disqualification 'of the writ petitioners. Accordingly the learned counsel for the Leader of the Parliamentary Party Pakistan Muslim League (Nawaz Group), Members of the Parliamentary Party and the Speaker of the Provincial ‑Assembly made statements that the Parliamentary Party withdraws its decision of the disqualification of the writ petitioners and that the Speaker of the Provincial Assembly also withdraws his ruling vis‑a‑vis the disqualification of the writ petitioners based on the decision of the Parliamentary Party Pakistan Muslim League (Nawaz Group). They made a further statement that they may also immediately make proper and formal references about the disqualification of the writ petitioners to the Election Commission/Chief Election Commissioner. They have also undertaken that they would participate in the proceedings before the Election Commission/Chief Election Commissioner on day to day basis. The learned counsel for the writ petitioners accepted the statements of the learned counsel for the respondents about the withdrawal of their decisions and ruling vis‑a‑vis the disqualifications of the writ petitioners and the restoration of the writ petitioners' membership. The Advocate‑General representing the Governor of the Province has made a statement that till the decision of the matters/references by the Election Commission/ Chief Election Commissioner, about the disqualification of the writ petitioners no session of the Provincial Assembly shall be convened.

2. Consequently we shall dispose of the writ petitions that the decision/ruling of the respondents about the disqualification of the writ petitioners have been withdrawn and the membership of the writ petitioners stand restored. The matters/references filed, before the Election Commission/Chief Election Commissioner or further formal or proper references if any made immediately about the disqualification of the writ petitioners before the Election Commission/Chief Election Commissioner shall be attended to by the parties on the basis of day to day hearing and due to the urgency of the subject‑matter we would request the Honourable Chief Election Commissioner for the expeditious disposal of the references/matters by day to day hearing. Parties are left to bear their own costs. H.B.T./1635/P Order accordingly.