Law: Constitution of Pakistan, 1956

Section: 111

(a) Constitution of Pakistan (1962), Art. 111 (1) and Con stitution of Pakistan (1956), Art. 89-Provisions of both Articles in effect identical-Validity of proceedings i Assembly-Not assailable in any Court.   Pakistan v. Ahmad Saeed Kirmani and others P L D 1958 S C (Pak.) 397 and Ahmad Saeed Kirmani v. Ch. Fazal Elahi Speaker, West Pakistan Assembly and others P L D 1956 Lah. 807 ref.   A. Nesamony v. T. M. Vorghese and another A I R 1952 Travancore-Cochin 66 considered but not rel.   Constitution of Pakistan (1962), Arts. 98 & 111(1)--- High Court exercising writ jurisdiction-Not incompetent even to investigate whether particular events taking place in Assembly fall within ambit of word "proceedings" as used in Art. 111(1).   Ahmad Saeed Kirmani v. Ch. Fazal Elahi, Speaker, West Pakistan Assembly and others P L D 1956 Lab. 807 ref.   Constitution of Pakistan (1962), Art. 111(1) - Even irregular proceeding fall within meaning of "proceedings" in Art. 111 (1).   Constitution of Pakistan (1962), Art. 63-Decision of Supreme Court-Binding on all Courts.   Constitution of Pakistan (1962), Arts. 110 (1) (a) & 110 (2) - Limitation imposed by clause (2)-Does not impose restriction on Assembly to pass rule, under clause (1) (a), laying down in what circumstances meeting, of less than forty members, be adjourned and in what circumstances suspended JUDGMENT   ORTCHESON, J.-On the 12th of July 1963, Mr. Mubin-ul-Haq Siddiqi, who claims to be still Speaker of the Provincial Assembly of West Pakistan (hereinafter referred to as the Assembly) filed a Writ Petition, No. 693 of 1963, against Mr. Muhammad Iqbal, Secretary of the Assembly as respondent No. 1, and Mr. Muhammad Ishaq Khan Kundi, Senior Deputy Speaker as respondent No. 2, praying that the respondents be directed by this Court to assist him in the performance of his duties and exercise of his rights and privileges as Speaker and should not interfere with his functioning as such. It was further prayed that respondent No. 2 be directed to show the authority by which he claims to act as Speaker of the Assembly.   The petition came up for hearing…