Law:

Section:

(a) Constitution of Pakistan (1973)--­ ---- Art. 130 --- Cabinet --- Existence of a 'cabinet is essential in order to facilitate the governance of the Province in accordance with the Constitution. (b) Constitution of Pakistan (1973) ---- Arts. 105(3), 112, 130 & 199 --- Dissolution of Provincial Assembly by the Governor on the advice of the Chief Minister of the Province --- Constitutional petition --- Petitioner challenged the action of Governor on the ground, inter alia, that a notice of resolution of no-confidence against the Chief Minister had been delivered to the Secretary of the Assembly and the Chief Minister ceased to be the Chief Minister for the purposes of tendering advice for dissolution of the Provincial Assembly and also prayed for grant of interim relief in the 0 form of suspension of the impugned order of the Governor --- Arguments on the stay matter were partly heard and the case was adjourned for filing complete petition and the written statement with the direction. that."in the meanwhile no change in the existing position/circumstances shall be made in any manner" ---­ Respondents defended the impugned order controverting the averments made in the constitutional petition --- Petitioner in the meantime riled application under 0.1, R. 10, C.P.C. praying for impleading the Punjab Governor as a party on which the Court asked the Acting Advocate-General to obtain instructions from the Governor, consequently the ' Governor sent a communiqué to the High Court justifying his action of dissolution of Provincial Assembly and his counsel contended before the High Court that in view of the stay order granted by the High Court, the entire machinery of the Province had come to a standstill and the affairs of the Government could not be run in accordance with the Constitution without a care-taker cabinet --- High Court, in view of the stand taken by the Governor in his communication and contention of his ' counsel asked the parties to address arguments on the stay matter --­ Counsel for the petitioner prayed for suspension of the impugned order whereupon counsel of the Governor contended that the suspension of the unpaged order as a whole would…

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