Law: Constitution of Pakistan, 1973

Section: 87(3),81,215,89,170,175

(a) Constitution of Pakistan, Article 87 (3)---"Vacant"-Meaning of-Interim Speaker-First meeting of Assembly after general elections-Governor has power to appoint.The word "vacant" covers the vacancy of the office of Speaker at the first meeting of the Assembly after the general elections, and the Governor has therefore power under para�graph (3) of Article 87 of the Constitution of Pakistan to appoint an interim speaker for such a meeting.The word "vacant" in the context is not equivalent to vacated by an incumbent after his election' and there is no reason to presume an unnecessary casus omissus.(b) Constitution of Pakistan, Arts. 81, 215, Second Schedule -Interim chairman of first meeting of Assembly after general election--Duty to administer oath to members.Articles 81 and 215 of the Constitution of Pakistan have to be read with the relevant part of the Second Schedule, and on the basis of these provisions, it is not merely within the power of the interim chairman but also his duty to administer the prescribed oath to the members of the Assembly.(c) Constitution of Pakistan, Art. 87 (3)---Interim Chair�man's right to casting vote in case of tie.An interim chairman appointed by the Governor to pre�side over the first meeting of the Assembly after a general elec�tion has the right to a casting vote in case of a tie.(d) Constitution of Pakistan, Arts. 89, 170 and 175----Immu�nity conferred by Art. 89 on proceedings of Assembly not absolute High Court empowered to exercise writ jurisdiction in appro�priate cases.Article 89 of the Constitution of Pakistan does not confer a total or absolute immunity on the proceedings of the Provincial Assembly.The High Court has jurisdiction in appropriate cases to exercise its extraordinary writ jurisdiction in connection with such proceedings e.g., when the so-called proceedings are really outside the Constitution.The allegation, inter alia, in the petition was that two mem�bers of the Assembly were unable to freely exercise their right to vote for the candidate of their 'choice, inasmuch as one of them was detained by some members of the rival party and not allowed to vote at all, and the other was subjected to…