1994 PLP 1852 (MLD)
Syed ALI RAZA ASAD ABIDI — Petitioner Versus Sardar FAROOQ AHMED KHAN LEGHARI, PRESIDENT OF PAKISTAN — Respondent
| Citation | 1994 PLP 1852 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Syed ALI RAZA ASAD ABIDI — Petitioner Versus Sardar FAROOQ AHMED KHAN LEGHARI, PRESIDENT OF PAKISTAN — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1994 PLP 1852 (MLD)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1852 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1852 (MLD) (Syed ALI RAZA ASAD ABIDI — Petitioner Versus Sardar FAROOQ AHMED KHAN LEGHARI, PRESIDENT OF PAKISTAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Arts.41(6), 101,104 & 199
Election of President of Pakistan
Challenge to
Petitioner in his Constitutional petition had challenged election of President of Pakistan
Only ground urged by petitioner was that as appointment of acting Governors of four Provinces of Pakistan was violative of Arts. 101 & 104 of Constitution of Pakistan, such Acting Governors could not have summoned Session of Provincial Assemblies in which members of said Assemblies had taken oath and all actions taken subsequently by Members of Provincial Assemblies including election of President were void
Held, in absence of any order of any Court holding appointment of Governors to be invalid, they having assumed office of Governors pursuant to their appointment, were entitled to perform functions as such and action taken by them, could not be said to be of no legal effect
Validity of election of President,, however, could not be questioned before any Court or other Authorities under Art.41(6) of the Constitution.
Judgment & Decree
In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the election of Mr. Farooq Ahmad Khan Leghari as President of Pakistan.
2. The only ground urged by the petitioner, who has appeared in person, is that as the appointment of Lt.-Gen. (Rtd.) Muhammad Iqbal Khan, Acting Governor of the Province of Punjab and also of Governors of the other three Provinces was violative of Articles 101 and 104 of the Constitution, the Acting Governors could not have summoned the Sessions of the Provincial Assemblies in which the Members of the said Assemblies had taken oath. According to the Petitioner, all action taken subsequent there to by members of the provincial Assemblies including the election of the President are void.
3. There is no merit in this contention. The appointment of Lt.-Gen. (Rtd.) Muhammad Iqbal Khan as Acting Governor of the Province was challenged by the petitioner by filing a Constitutional petition which is still pending before this Court. No detailed comments can, therefore, be made on this contention at this stage. For the present purpose, suffice it to say, that in these proceedings, the appointment of Lt.-Gen. (Rtd.) Muhammad Iqbal Khan as Acting Governor is not under direct challenge but has only been collaterally attacked. In the absence of any order by any Court holding his appointment to be invalid, he having assumed the office of the Governor pursuant to his appointment was entitled to perform functions as such and the actions taken by him cannot be said to be of no legal effect. On the principle enunciated in Lt.-Col. Ferzand Ali and others v. Province of West Pakistan through the Secretary, Department of Agriculture, Government of West Pakistan, Lahore PLD 1970 SC 98, the acts of the de facto, if not de jure Governor cannot be said to be invalid or treated to be a nullity. There is another additional reason as to why this petition cannot succeed which is that under Article 41(6) of the Constitution, the validity of the election of the President cannot be questioned before any Court or other authority. For all these reasons this petition is dismissed in limine. H.B.T./A-630/L?????????????????????????????????????????????????????????????????????????????????? Petition dismissed.