Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 63-A & 185(3) --- Disqualification of member of Provincial Assembly on the ground of defection as contained in Art. 63A of the Constitution --- Leave to appeal was granted by Supreme Court to consider the questions as to whether the member's alleged act of defection was covered by para. (a) of Explanation to Cl. (1) of Art. 63A of the Constitution of Pakistan; whether Chief Election Commissioner was justified in recording a finding against the member that he had defected in terms of Art.63A of the Constitution and whether the High Court was justified in declining the Constitutional petition against such order . (b) Constitution of Pakistan (1973)-- ---- Arts. 63A & 185 --- Disqualification of member of Provincial Assembly on the ground of defection as contained in Art. 63A of the Constitution --- Appeal to Supreme Court --- Supreme Court remanded the case with observations that of Supreme Court in the case of Wukala Mahaz Barai Tahafaz Dastoor v. Federation of Pakistan (PLD 1998 SC 1263) had not been rendered at the time when the matter was heard by the Chief Election Commissioner who concluded that member became disqualified on the ground of defection as contemplated under Art. 63A (1) and Chief Election Commissioner did not have the advantage of examining the reasoning of the said --- Case was remanded by Supreme Court to the Chief Election Commissioner with the direction to hear the case afresh in the light of the said of Supreme Court keeping in view the contentions raised by the counsel for the parties--­Supreme Court also purposely refrained from making any observation on merits of the contentions of the parties in circumstances. Wukala Mahaz Barai Tahafaz Dastoor v. Federation of Pakistan PLD 1998 SC 1263 ref. JUDGMENT AJMAL MIAN, C.J.---This is an appeal, with the leave of this Court, against the judgment dated 27-7-1998 of a Full Bench of the High Court of Balochistan (comprising the learned Chief Justice and two companion Judges) passed in Constitution Petition No.77 of 1998, filed by the appellant against the judgment dated 9-3-1998 of the learned Chief Election Commissioner of Pakistan, whereby the…

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