Law:

Section:

Political Parties Act (III of 1962)--S. 8-B---Constitution of Pakistan (1973), Arts.17(2), 19, 25, 63, 66 & 113--­Vires of S.8-B of Political Parties Act, 1962---Leader of a Parliamentary Party filing. reference against a member of his party who had joined as a member of Provincial Cabinet, alleging such member's withdrawal and defection from the party on whose ticket he was elected and thus had become liable to be removed from the membership of the Provincial Assembly---Election Commission with consent of parties fixed schedule of proceedings for hearing the reference and on the same day contesting issues with consent of parties were framed---Contesting respondent filed Constitutional petition before High Court challenging vires of S.8-B, Political Parties Act, 1962 as being inconsistent with provisions of Fundamental Rights and thus invalid and ultra vires of the Constitution--­Respondent also filed application before High Court, praying for the stay of proceedings before Election Commission---High Court allowed Constitutional petition of contesting respondent---Leave to appeal granted to consider, whether High Court could ,,issue writ of prohibition to the Election Commission when specially a provision of appeal, is provided to the Supreme Court; whether High Court could declare the reference made before Election Commission as incompetent, without there being evidence of fact that petitioner was not a leader of Parliamentary Party; and whether High Court could restrain Election Commission from deciding a reference, duly referred to it within the meaning of S.8-B, Political Parties Act, 1962---Questions involved in petition being of most telling Constitutional and legal bearing having great public importance needed thorough examination by Supreme Court. ORDER S. USMAN ALI SHAH, J.---Humayun Saifullah Khan petitioner seeks leave to appeal against the order, dated 18-9-1989 of a Division Bench of the Peshawar High Court, Peshawar, whereby Constitutional petition filed by Muhammad Ayyub Khan Tanoli was accepted and the reference under section 8-B of the Political Parties Act made by the petitioner before the Election Commission of Pakistan was declared as…

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