Law:

Section:

(a) Political Parties Act (III of 1962)--- ----S. 8-B---Disqualification on ground of defection---If the case of defection against member of the house is established, he would be disqualified for the unexpired period of his term as such member of the Provincial Assembly and no more---Such member, however, was not barred from being re-elected at a bye-election even if he would have been declared disqualified. (b) Administration or justice--- ----Public interest---Public interest does not require a futile exercise and waste of public time, if nothing else. ORDER There are three References filed by Syed Qaim Ali Shah, the Leader of the Parliamentary Party of Pakistan Democratic Alliance in the Sindh Assembly against Syed Qabool Muhammad Shah, Mr. Muhammad Hanif Soldier and Mr. Sahib Dino Gaho under section 8-B of the Political Parties Act, 1962 seeking declaration that respondent No.1 namely Mr. Sahib Dino Gaho has defected from P.DA. .Parliamentary Party initially from March, 1991, April, 1.991, May, 1991 and finally from 17th March, 1992 when he joined Sindh Cabinet and he has thus become disqualified from being a member of the Provincial Assembly of Sindh for the unexpired period of his term. Similar declarations have been sought against the other two respondents in the other References. 2. The preliminary objection has been raised by Mr. Muhammad Ali Sayed, Advocate that these References have become infructuous due to dissolution of Provincial Assembly. 3. Mr. Iqbal Haider learned counsel for the petitioner agrees in principle with this objection. He, however, submits that the matter may be decided on merits in order to check future defections in public interest. 4. It will be pertinent if we quote here section 8B of the Political Parties Act, 1962 which reads as follows:-- "8-B.Disqualification on ground of defection, etc: =(1) If a member of a House-- (a) having been elected as such as a candidate or nominee…

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