Case Details

Citation(s)
1993 SLG 1589 1993 SLD 1589 = 1993 PLD 822
Lahore High Court
W.P. No.9870 of 1993, decided on 28th August, 1993.
Presented By: Before Ch. Mushtaq Ahmad KHAN J
-------Javaid Hashmi and others PLD 1989 SC 396 ref.
Respondent. Ch. Abdur Rehman Cheema for Petitioner. Faqir Muhammad Khokhar, Dy. A.-G. (on Court's Call) for

BEGUM SHIREEN BAHAR CHEEMA---Petitioner

VERSUS

FEDERATION OF PAKISTAN through Secretary, Cabinet Division, Islamabad and 14 others --- Respondents

Law: Constitution of Pakistan 1973

Section:

  Constitution of Pakistan (1973) ---Arts. 51, 106 & 265 --- Reserved seats for women for a period of ten years in National and Provincial Assemblies --- Commencement and expiry of such period--Period of ten years for which seats for women 'were reserved commenced on 14-&1973 --- Constitution was never annulled although it was kept in abeyance for certain period of time; although some provisions had been added and substituted therein, yet the main Constitution remained intact -- Period of ten years as prescribed under provisions of Arts.51 & 106 of the Constitution had already expired for such period would commence from 14-8-1973 as provided in Art.265. Mian Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473; Memoona Sibghat's case PLD 1991 Jour. 76; Federation of Pakistan and others v. Haji Muhammad Saif Ullah Khan and others PLD 1989 SC 166; Kh. Muhammad Sharif v. Federation of Pakistan and others PLI) 1988 Lah. 725; Kh. Ahmad Tariq Rahim v. Federation of Pakistan and another PLD 1991 Lah. 78; Sharaf Faridi and 3 others v. The Federation of Islamic Republic of Pakistan through Prime Minister of Pakistan and another PLD 1989 Kar. 404; Niaz Ahmad Khan v. Province of Sindh and others PLD 1971 Kar. 604 and Election Commission of Pakistan through its Secretary v. Javaid Hashmi and others PLD 1989 SC 396 ref. Constitution of Pakistan (1973) ---- Art. 224---Gencral Elections to the National Assembly and the Provincial Assemblies --- Connotation---Election to reserved seats of women, holding of--Elections of 1977, 1985 and 1990 whether general elections --- Elections held in L977, 1985 and 1990, were general elections for all intents and purposes--Merely because Assemblies were dissolved without the advice of Prime Minister or Chief Minister or that orders of dissolution were held illegal, would not make any difference for purpose of determining the nature of elections--No distinction has been made regarding nature of general elections to be held keeping in view the manner in which Assemblies were dissolved-Elections which were held after dissolution of Assemblies either in exercise of discretionary powers of President…
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