1993 PLP 2396 (CLC)

Abdul Latif Ansari, Asstt. A.‑G. for the Government of Sindh. Date of hearing: 25th August, 1993. There are three References filed by Syed Qaim Ali Shah, the Leader of the Parliamentary Party of Pakistan Democratic Alliance in the Sindh Assembly against Syed Qabool Muhammad Shah, Mr. Muhammad Hanif Soldier and Mr. Sahib Dino Gaho under section 8‑B of the Political Parties Act, 1962 seeking declaration that respondent No.1 namely Mr. Sahib Dino Gaho has defected from P.DA. .Parliamentary Party initially from March, 1991, April, 1.991, May, 1991 and finally from 17th March, 1992 when he joined Sindh Cabinet and he has thus become disqualified from being a member of the Provincial Assembly of Sindh for the unexpired period of his term. Similar declarations have been sought against the other two respondents in the other References.

2. The preliminary objection has been raised by Mr. Muhammad Ali Sayed, Advocate that these References have become infructuous due to dissolution of Provincial Assembly.

3. Mr. Iqbal Haider learned counsel for the petitioner agrees in principle with this objection. He, however, submits that the matter may be decided on merits in order to check future defections in public interest.

4. It will be pertinent if we quote here section 8B of the Political Parties Act, 1962 which reads as follows:‑‑ "8‑B.Disqualification on ground of defection, etc: =(1) If a member of a House‑‑ (a) having been elected as such as a candidate or nominee of a political party, or (b) having been elected as such otherwise than as a candidate or nominee of a political party and having become a member of a political party after such election, defects or withdraws himself from the political party he shall, from the date of such defection or withdrawal, be disqualified from being a member of the House for the unexpired period of his term as such member, unless he has been re‑elected at a bye‑election held after his disqualification. (2) If any question arises whether a member of a House has become disqualified under subsection (1) from being a member, the question shall, on a reference by the Leader of the Parliamentary Party concerned, be determined by the Election Commission. (3) An appeal against a decision of the Election Commission under subsection (2) shall lie to the Supreme Court, within thirty days of the decision:"

5. Under this provision, even if the petitioner was able to establish his case on merits, the respondents would have been disqualified for the unexpired period of their term as such members of the Provincial Assembly and no more. The provision further shows that under this provision there was no bar on the respondents from being re‑elected at a bye‑election even if they would have been declared disqualified. For the above‑stated reasons we think that we need not go into the merits of the References at all. The public interest does not require a futile exercise and waste of public time, if nothing else. We,? therefore, dismiss these References, leaving the parties to bear their costs. M.BA./83/E???????????????????????????????????????????????????????????????????????????????????????? References dismissed.