Law: Provincial Assembly of Balochistan, Rules of Procedure and Conduct of Business, 1974

Section: Rr.14,25,202,204,205,220

Law: Constitution of Pakistan, 1973

Section: 69,127

Provincial Assembly of Balochistan, Rules of Procedure and Conduct of Business, 1974-- ----Rr. 14, 25, 202, 204, 205 & 220---Constitution of Pakistan, Arts.69 & 127---Suspension of elected members of Provincial Assembly---Petitioners were elected members of Provincial Assembly and were aggrieved of the notification whereby they were suspended from the service of Assembly for remaining sittings of budget session---Petitioners had alleged that act of the Presiding Officer was with malafides and ulterior motives and in excess of the powers available under the relevant law---Validity---Only allegation which could have been made out was of irregularity of the procedure and nothing else thus validity of such proceedings in view of Art.69(1) of the Constitution, could not be questioned in court of law; it further restrained to challenge authority of Presiding Officer to whom power was vested for regulating procedure, to conduct the business and to maintain order in Assembly---Indemnity was available to Presiding Officer by the mandate of the Constitution---Members of the Assembly had to follow the Rules and to observe the conduct as required by R.220 of Provincial Assembly of Balochistan, Rules of Procedure and Conduct of Business, 1974---Constitutional petition was dismissed in circumstances. Muhammad Anwar Durrani v. Province of Baluchistan PLD 1989 Quetta 25 ref. THIS ORDER PASSED BY: MRS. SYEDA TAHIRA SAFDAR, J.---- The petitioners Obaidullah Jan Babat, Nasrullah Khan Zayray and Agha Syed Liaquat Ali, the elected members of the Balochistan Assembly, questioned Notification dated 18th May 2018, whereby they were suspended from the service of the Assembly for the remaining sittings of the budget session. This Notification was issued when the powers available under Rule 204 read with Rule 14 of the Provincial Assembly of Balochistan, Rules of Procedure and Conduct of Business, 1974 (The Rules, 1974) were exercised by the Chairperson in response to the conduct as adopted by the petitioners in the sitting. 2. It was case of the petitioners that the session was convened by the Governor of Balochistan for the purpose of presentation of Budget 2018-19 on 17th May…

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