Law: Electoral College Act (IV of 1964)

Section: 57,158(4)

Law: Basic Democracies Order [President's Order No. 18 of 1959

Section: 3(1),3(50),3(51),3(52),3(53),3(54)

From Judgment of Murshed, C. J:-[Summary of findings of law appears on) ...p. 381]MM   (a) Electoral College Act (IV of 1964), S. 57 read with Art. 158(4), Constitution of Pakistan (1962) and Basic Democracies Order (18 of 1959), Art. 3(1), sub-clauses (50), (51), (52), (53) and (54) as amended by Basic Democracies (Amendment) Act (XVI of 1965), S. 2(e)-Section 57, Electoral College Act, 1964, ultra vires the Constitution-Actions dependent on S. 57 held to be without lawful authority and of no legal effect within meaning of Art. 98(2)(a)(ii) of Constitution - Section 57 stands isolated in scheme of Electoral College Act, 1964-Performance of functions of Local Government not incidental to discharging duties of elec?tion-Constitution of Pakistan (1962), Third Schedule, items 35 & 49-Section 57 is tantamount to abdication of legislative power and delegates legislative function without enunciating guiding policies-Legislation exclusive field of Legislature-Basic Demo?cracies (Amendment) Act, 1965, fails to confer powers of Local Government on bodies created by S. 57, Electoral College Act, 1964-Interpretation of statutes-Text of Order as amended not spelling out any conferment of powers of Local Government-Mere declaration in preamble as to such object of Act cannot confer such powers (by majority: per Murshed, C. J., Idris, Salahuddin Ahmed, Abdulla, JJ. agreeing; Sattar, J. contra).   Held, that section 57, Electoral College Act (IV of 1964) was ultra vires of the Constitution; that all acts done in pursuance of, and all acts dependent on section 57 were without lawful authority and of no legal effect. Even on a consideration of section 57 in the context of the Basic Democracies (Amendment) Act (XVI of 1965) and, on the thesis that the said Act has, in fact, conferred powers of Local Government on bodies constituted under section 57, petitions under Article 98(2)(a)(ii) of the Con?stitution were entitled to succeed and rules must be made absolute on this ground alone.   Section 57 stands isolated in the scheme of the Electoral College Act, 1964 as solitary section which is obviously and patently another kind of legislation under Article 158(4)…