Law:

Section:

(a) Constitution of Pakistan-------Art. 224(1A), proviso---Caretaker government---Object, scope and purpose---Object of introducing caretaker governments is to ensure against election malpractices that may be attributable to a partisan government---To ensure a viable democratic process, it is necessary to ensure fair and free elections--Generally, whenever an election is held in Pakistan there are quarters that assail transparency of electoral process which in turn undermines credibility of government formed after such elections---With a view to attend to such concerns and to ensure a free, fair and transparent elections that forms the basis of civil democracy, the concept of caretaker government has been introduced in Pakistan through proviso to Art.224(1A) of the Constitution. (b) Balochistan Assembly Members (Salaries and Allowances) (Amendment) Act (VIII of 1975)--- ----S. 2(d)---Constitution of Pakistan, Arts. 199 & 224(1-A)---Constitutional petition---Leader of the Opposition---Appointment---Petitioner was appointed as Leader of the Opposition in Balochistan Assembly vide notification dated 18-12-2012---Grievance of petitioner was that respondent was Minister in Balochistan Government who resigned on 17-3-2013 and joined opposition and on 18-3-2013 he was made Leader of the Opposition in place of petitioner and on the same day the Assembly was dissolved--- Validity---Declaration/notification of respondent as purported Leader of the Opposition, immediately after his having held the post of Minister in the Government of Balochistan and at a time when the Assembly was about to complete its tenure, was with a view to capture seat of Leader of the Opposition, and as such same was not in accordance with the Constitution---High Court declared notification dated 18-3-2014, whereby respondent was notified to be Leader of the Opposition by the Speaker, as ultra vires the Constitution, of no legal effect and void ab initio---High Court upheld notification dated 18-12-2012, whereby petitioner was declared/notified as Leader of the Opposition---Petition was allowed accordingly. Muhammad Azhar Siddiqui v. Federation of Pakistan, PLD 2012 SC 774 and Erskine May's…

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