| Citation(s) |
|---|
| 1995 SLG 950 1995 SLD 950 1995 CLC 402 |
Peshawar High Court
Writ Petitions Nos. 230 and 231 of 1994, decision dated: 21st March, 1994
ABDUL KARIM KHAN KUNDI, C.J., SYED IBNE ALI, ABDUR REHMAN KHAN, MUHAMMAD BASHIR KHAN, JEHANGIRI AND MUHAMMAD KHIYAR KHAN, JJ
Sharif ud Din Prizada, Shahzad Jehangir and Qazi Muhammad Anwar for Petitioners. Mian Saqib Nisar, Iftikhar Hussain Gilani and Sardar Muhammad Khan for
Respondent
Writ Petitions Nos. 230 and 231 of 1994, decision dated: 21st March, 1994
ABDUL KARIM KHAN KUNDI, C.J., SYED IBNE ALI, ABDUR REHMAN KHAN, MUHAMMAD BASHIR KHAN, JEHANGIRI AND MUHAMMAD KHIYAR KHAN, JJ
Sharif ud Din Prizada, Shahzad Jehangir and Qazi Muhammad Anwar for Petitioners. Mian Saqib Nisar, Iftikhar Hussain Gilani and Sardar Muhammad Khan for
Respondent
AKHTAR HUSSAIN SHAH and anothers
VS
Pir SABIR SHAH
Law:
Section:
Constitution of Pakistan (1973)-------Art. 199---Petitioner in his Constitutional petition had challenged decision of his Parliamentary Party and ruling of Speaker of Assembly according to which petitioner was disqualified from membership of Provincial Assembly--During course of hearing of petition, leader of said Parliamentary Party and Speaker withdrew their respective decision and ruling with regard to disqualification of petitioner from membership of Assembly and made reference to Election Commission/Chief Election Commissioner about disqualification of petitioner and made statement in that respect--Constitutional petition, consequently was disposed of with observation that decision and ruling about disqualification of petitioner having been withdrawn and membership of petitioner having been restored and matter having been referred to Election Commission, parties would attend the Commission--Commission was desired to expedite disposal of reference, by day to day hearing. JUDGMENT ABDUL KARIM KHAN KUNDI, CJ.---In the writ petitions the decision of the Parliamentary Party Pakistan Muslim League (Nawaz Group) and the ruling of the Speaker vis-a-vis the disqualification of the writ petitioners from the membership of the Provincial Assembly were impugned. During the course of hearing it transpired that the Leader of the Parliamentary Party 'Pakistan Muslim League (Nawaz Group) and the Speaker of the Provincial Assembly have made references to 'the Election Commission/Chief Election Commissioner vis-a-vis the disqualification 'of the writ petitioners. Accordingly the learned counsel for the Leader of the Parliamentary Party Pakistan Muslim League (Nawaz Group), Members of the Parliamentary Party and the Speaker of the Provincial -Assembly made statements that the Parliamentary Party withdraws its decision of the disqualification of the writ petitioners and that the Speaker of the Provincial Assembly also withdraws his ruling vis-a-vis the disqualification of the writ petitioners based on the decision of the Parliamentary Party Pakistan Muslim League (Nawaz Group). They…
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