Law:

Section:

NASIR ASLAM ZAHID, C. J.-- The petitioner was elected as a Member of Provincial Assembly of Sindh from Constituency No. PS-82 Karachi (C)V, in the elections held in October, 1990. The petitioner belongs to Muhajir Quomi Movement. According to the petitioner, a meeting of M.P.As. of M.O.M. was held in February, 1991, and it was proposed in that meeting that the M.P.As. express their allegiance to and complete confidence in the leadership of the M.O.M. and it was suggested that as a token of expression of allegiance and confidence in the leadership, all the M.P.As. should hand over undated letters of resignation to respondent No.4, "Altaf Hussain, who represented the M.Q.M. leadership. According to the petitioner, certain members including the petitioner expressed their reservation as to the propriety of such action but they were assured by respondent No. 4 that the letters were not designed to or meant to be conveyed to the concerned authorities but were only a form of expressing confidence in the leadership of respondent No.4. According to the petitioner, he was reluctant to sign the resignation letter but was coerced to sign such an undated letter of resignation and to hand it over to respondent No.4, "as he could not escape from signing the resignation as his personal safety was endangered". The petitioner also avers that he had developed differences with central leardership of M.Q.M. over certain policy matters and stopped participating in the activities of M.Q.M. According to the petitioner, while respondent No.4 appreciated the principled stand of petitioner on certain issues, it was suggested that the stand was likely to be misinterpreted and the petitioner was forced alongwith his supporters to leave the country for some time and return after things were sorted out in the party. Accordingly, the petitioner left for USA on 25-2-1991 and returned in the beginning of 1992. However, apprehending foul play at the hands of respondent No.4 and as a matter of abundant caution, the petitioner informed the Speaker and the Governor of Sindh by his letter dated 25-2-1991 that his socalled resignation from the membership of the Provincial Assembly of Sindh was obtained under duress and, therefore, the same may be considered as null and void and he could not escape from signing the resignation as his refusal would have exposed his life into danger. The petitioner then avers that on return in January, 1992, to Pakistan, he was being

shadowed and hounded by the opposite group (of MQM) in order to kill him and, therefore, he kept on hiding himself but after the death of late Chief

Minister Sindh, Mr. Jam Sadiq Ali, the political tension eased and only then he succeeded in obtaining copy of the Notification dated 28-2-1991, published in the Sindh Government Gazette, showing that the petitioner's resignation from Provincial Assembly's membership had been given effect from 27-2-1991 and his seat had become vacant. Petitioner then filed the present Constitutional Petition on 19-3-1992. In the meantime, respondent No. 3, Syed Hashim Ali Raza, was elected against the seat which became vacant pursuant to the aforesaid notification. Bye-election were held on 22-4-1991, and, as observed, the respondent No. 3 was elected to the said constituency as a member of the Sindh Assembly.