Law:

Section:

(a) Constitution of Pakistan---.--- ---.----Arts. 64 & 199---.--- Constitutional petition---.---Members of Parliament---.---Vacation of seats---.---Resignation to Speaker---.---Effect---.---Political question---.---Scope---.---Petitioner contended that when Members of National Assembly from a particular party tendered their resignations, the Speaker of National Assembly was to accept the same---.---Validity---.---For a resignation to take effect under Art.64 of the Constitution, it was not enough that member had written it under his or her name addressed to speaker---.---Crucial test or mandatory prerequisite for the seat to become vacant on resignation, was fulfilment of constitutional duty of Speaker to be satisfied that three factors were established; firstly that it was tendered voluntarily; secondly it was genuine; and lastly that the member actually intended to relinquish, relieve or quit the post, position or seat and thereby vacate the seat---.---Was not enough that member who had tendered resignation made public announcements in such regard or presented him or herself in mass before the Speaker---.---Speaker was under constitutional duty to undertake an inquiry personally to satisfy himself regarding three factors or requirements in each case independently---.---Such three requirements were to be 'proved positively' to the satisfaction of the Speaker---.---If before inquiry was concluded or/and the Speaker had neither passed any order nor achieved level of satisfaction so required for giving effect to resignation, the member retracted by communicating in any manner, whether in writing or through conduct, such as by making a public announcement or attending the sittings of National Assembly, then resignation written and addressed to Speaker became ineffective as it was no more valid and no further order or action would be required---.---Resignations had become ineffective and ceased to be valid, as before the Speaker could complete his inquiry and satisfy himself regarding three essential requirements for giving effect, the Members publically announced retraction of resignations and had attended proceedings---.---Assuming that Speaker had passed an…