Law: Constitution of Pakistan, 1962

Section: 63-A(1)(b)/130(4)

Constitution of Pakistan, 1973-- ----Art. 63-A(1)(b)/130(4)--Election of Chief Minister--Ruling of Deputy Speaker--Question of--Whether party head is relevant person to issue a direction to members of parliamentary party under Article 63-A(1)(b) of constitution, 1973--Declared without lawful authority--Election of chief minister Punjab was held and petitioner secured 186 votes whilst Respondent No. 2 got 179 votes--Deputy Speaker excluded 10 votes of PML(Q) on basis that 10 members of PML(Q) had failed to follow direction under Article 63-A(1)(b) of constitution given by party head to members of parliamentary party of PML(Q)--Vires of 18th amendment to constitution and of full bench--the have no relation with question of vires of Art. 63-A of constitution--Observations in said not bearing relevance to matter of vires nor explicating actual or true words of constitution--Titled constitutional petition is allowed--Ruling issued by Deputy Speaker is set aside and declared to be void, without lawful authority and of no legal effect, in consequence of this, petitioner is declared as duly elected chief minister Punjab No. 2 not being duly elected chief minister, oath of office administered to him was and is without lawful authority and of no legal effect.   [Pp. 300, 302, 303 ,  304] A, B, C, D, E ,  F PLD 2015 SC 401; PLD 2018 SC 97; PLD 2018 SC 370; PLD 1998 SC 1263 ref. ORDER Umar Ata Bandial, CJ.--A Full Bench of the learned High Court vide judgment dated 30.06.2022 partly allowed certain writ petitions, inter alia, directing that the Session of the Punjab Assembly be resumed on 01.07.2022 (Friday) at 4:00 pm to hold poll in terms of Article 130(4) of the Constitution of the Islamic Republic of the Pakistan, 1973 (“Constitution”). The said election was the runoff in terms of the proviso to Article 130(4) ibid for the post of Chief Minister, Punjab to be held between the Respondent No. 2, Hamza Shahbaz Sharif PML(N) and the petitioner PML(Q). A petition filed before this Court against the said order dated 30.06.2022 was disposed of on 01.07.2022 by a consent order. It was agreed by and between the petitioner and the Respondent No. 2 as well as…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492