Law:

Section:

Laws (Continuance in Force) Order, (I of 1958), Art. 2, Cl. (7) -Application for writ praying that applicant by accepting office of Lambardar had not become disqualified to be Member of Provincial Legislative Assembly-Held, abated-Constitution of Pakistan (1956), Fourth Sched. Part II, para. 4 (I) (c). Held, that all applications for writs which were pending on the date of the Proclamation or in which leave to appeal from orders passed before the Proclamation had been given by the Supreme Court or by the High Court abated if the writ had been issued on the ground that some action taken or law made was repugnant to the abrogated Constitution of the Islamic Republic of Pakistan. Where the writ had been issued by the High Court on the ground that a ruling given by the Election Commissioner in exercise of the authority conferred on him by clause 2 of Art. 78 of the Constitution of Pakistan (1956), that the office of Lambardar was an office of profit within meaning of para. 4 (1) (c), Part iI, Sched. IV of the Constitution of Pakistan (1956), was illegal and not on the ground that the ruling was in contravention of any provision of any of the laws saved by Article 4 of the Laws (Continuance in Force) Order, 1958 : Held that cl. 7 of Art. 2, Laws (Continuance in Force) Ordcr, (I of 1958), was fully applicable and the application for writ had abated together with All proceedings taken on that application, including the of the High Court. State v. Dosso P L D 1958 S C (Pak.) 533 and The Province of East Pakistan v. Muhammad Mehdi Ali Khali and others P L D 1959 S C (Pak.) 387 ref. JUDGMENT MUHAMMAD MUNIR, C. J.-This is a certified appeal by the Election Commissioner, Pakistan, from a judgment of the High Court of West Pakistan at Lahore granting respondent Nawab Sajjad Ali Khan's application for a declaration that despite his appointment to the office of Lambardar he continued to be a Member of the Provincial Assembly of West Pakistan. The respondent, who was an elected Member of the Provincial Assembly of West Pakistan, was, by an order of the Commissioner, Lahore Division, dated the 19th of December, 1956, appointed as Lambardar of village Kot Sondha in the district…

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