Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Findings of fact recorded by Authority below on basis of available material, would call for no interference or substitution in exercise of Constitutional jurisdiction of High Court. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 2 & 29---Constitution of Pakistan (1973), Arts. 63-A & 199--¬Defection from one political party and joining the other---Proof---News item, published in newspaper---Admissibility---News item published in different newspapers to the effect that petitioner had defected from his political party and had joined- the other party, was admissible under Arts.2 & 29, Qanun-e-Shahadat; 1984 as said news item had attracted attention of people throughout the constituency concerned as well as general public and communities of Province concerned, especially when petitioner had not contradicted said news item. (c) Political Parties Act (III of 1962)--- ----S. 8-B---Constitution of Pakistan (1973), Arts. 63(2) & 63-A(1)--¬Defection---Disqualification of Member of Parliament or of Provincial Assembly---Procedure---Proceedings---Forums---Proceedings against a Member of Parliament or of Provincial Assembly,under S.8-B, Political Parties Act, 1962 were to be initiated before forum, prescribed by Art.63(2) of Constitution of Pakistan---For initiating disqualification proceedings under Art.63=A(i) of Constitution of Pakistan (1973), Head of Party was required to make declaration that a Member of Parliament or of Provincial Assembly, who had contested election on the ticket of his party had defected- --Reference was to be made by Head of Party to Chief Election Commissioner through Speaker of Provincial or National Assembly for giving effect to decision of disqualification. (d) Constitution of Pakistan (1973)--- ----Arts. 63A & 199---Constitutional petition---Disqualification of Member of Assembly---News item published in newspapers had proved that petitioner had defected from one political party and had joined the other but petitioner in joining the other patty had committed defection outside the House and not within the House---Explanation (a)…

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