Law:

Section:

The petitioner through this Constitutional petition has prayed that 'Eighth Amendment' made in the Constitution be declared null and void and of no legal effect and for appropriate direction to respondent No.1 to perform its functions in accordance with the Constitution as it stood on 4th July, 1977.

2.   The relevant facts as ascertained from the petition as well as arguments of the petitioner are that the general elections for National Assembly and Provincial Assemblies were held in March, 1985. The result of the National Assembly was notified in the official Gazette dated 28th March, 1985. The argument of the petitioner is that respondents Nos. 4 to 110 who were elected to the National Assembly were also members of Local Councils or Cantonment Boards. Therefore, in view of the provisions of Article 12-A of the Houses of Parliament and Provincial Assemblies (Election) Order, 1977 (hereinafter to be referred as Order of 1977) they were to resign from their membership of Local Councils/Cantonment Boards within a period of 15 days of the declaration of the result of the National Assembly and in default thereof the seat of the National Assembly was to become vacant. It is submitted that since they did not resign from their membership of Union Councils/Cantonment Boards, therefore, they lost their seats in the House on 12th April, 1985.