Law:

Section:

(a) Constitution of Pakistan (1973)---Arts.188, 199 & 58(2)(b) --- Supreme Court Rules, 1980, OXXVI --- Civil Procedure Code (V of 1908), O.XLVII, R.1 --- Review--- Ground for reviews being that Supreme Court having held that the National Assembly coming into existence pursuant to the General Elections of 1985 was illegally dissolved by the President on 29-5-1988, the said National Assembly could not thereafter be restrained from continuing to function till the expiry of its normal term of 5 years, namely until March, 1990; and in so doing the supreme Court bad committed an error with regard to the nature of the orders Court could pass under Art- 199 of the Constitution held where a conscious and deliberate decision had been made with regard to the nature of orders, which Court was empowered to pass under a provision of law (Art. 199) only because- another view with regard thereto was canvassed could not and did not constitute a ground for review. Petitioner, in support of petition for review, contended that after Supreme Court having held that the National Assembly coming into existence pursuant to the General Elections of 1198-5 was illegally dissolved by the President On May 29, 1988S. 61-c said National Assembly could not thereafter be re-strained from continuing to function till the expiry of its normal term of 5, years namely until March 1990; and in so doing the Court had committed an error with regard to the, nature of the orders it could pass under Article 199 of the Constitutional. Accordingly, this was a fit case for review. Held, it was correct that the Court did find that the order kit dissolution passed by the President on May 29 1988A, was not in law because "the prerequisites prescribed for the exercise of the powers conferred by Article 58(2)(b) did not exist and, therefore the order of dissolution did not fall "within the four-corners of Article 58(2)(b) of the Constitution". However, it refused the further declaration that the said order was of "no legal effect" and, accordingly the order of dissolution was allowed to continue and the consequential order for holding of elections for a fresh National Assembly endorsed and re-inforced, This…

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