| Citation(s) |
|---|
| 1969 SLG 229 1969 SLD 229 1969 PLD 535 |
Supreme Court of Pakistan
Civil Appeals Nos. 55-D and 56-D of 1967, decision dated: 16th of June 1969.(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 31st July 1967, in Petitions Nos. 189 and 201 of 1967).
HAMOODUR REHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, ABDUS SATTAR AND M. R. KHAN, JJ
Abdul Subhan, Senior Advocate Supreme Court (M. A. Jalil, Advocate Supreme Court with him) instructed by A. S. M. Shamsul Zaman, Attorney for Appellant. A. H. Mirza, Advocate Supreme Court instructed by A.W. Malim, Attorney No. 1. Asaduzzaman, Advocate
Civil Appeals Nos. 55-D and 56-D of 1967, decision dated: 16th of June 1969.(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 31st July 1967, in Petitions Nos. 189 and 201 of 1967).
HAMOODUR REHMAN, C.J., MUHAMMAD YAQUB ALI, SAJJAD AHMAD, ABDUS SATTAR AND M. R. KHAN, JJ
Abdul Subhan, Senior Advocate Supreme Court (M. A. Jalil, Advocate Supreme Court with him) instructed by A. S. M. Shamsul Zaman, Attorney for Appellant. A. H. Mirza, Advocate Supreme Court instructed by A.W. Malim, Attorney No. 1. Asaduzzaman, Advocate
C. A. No. 55D of 1967 ABDUL HAMID
VS
MUHAMMAD SHAHIDULLAH AND 3 OTHERS C. A. No. 56D of 1967 ABDUL HAMID vs AFSARUDDIN AHMAD AND 4 OTHERS
Law:
Section:
Election dispute---Appeal to Supreme Court against order passed by High Court in writ jurisdiction against order of an election Tribunal-Pending appeal Constitution of Pakistan (1962), abrogated and National and Provincial Assemblies dissolved by proclamation of Martial Law-Held, the effect of dissolution of National Assembly by proclamation rendered appeal infructuous-Supreme Court does not indulge in purely academic exercises-National and Provincial Assemblies (Elections) Act (VII of 1964), S. 57. H filed an election petition under section 57 of the National and Provincial Assemblies (Elections) Act, 1964, claiming: (i) that election of the returned candidate be declared void, he himself should be declared elected; (ii) that the election as a whole be declared void. Against the order of the Tribunal writ petitions were filed in the High Court and the High Court set aside the order of the Tribunal. Aggrieved by the order of the High Court H filed an appeal before the Supreme Court. Pending his appeal Martial Law was proclaimed on 25-3-69 and consequently the National Assembly stood dissolved. Despite this H pressed his appeal and contended that by virtue of para. 5(a) of the Proclamation of 25-3-69, the National and Provincial Assemblies (Elections) Act, 1964, was still continuing in force as an existing law and as such his appeal should be disposed of on merits: Held, in the present case, it has to be pointed out that no new Constitution has yet been framed nor has any legislative enactment yet been made to provide for any future election. The present position thus is that by the proclamation of Martial Law on the 25th March 1969, the Constitution has been abrogated, National and Provincial Assemblies dissolved and the President, Members of the President's Council of Ministers, the Governors of the Provinees and Members of their respective Councils of Ministers have ceased to hold office. Thus the previous system of representation to the people through elected representatives in the National and Provincial Assemblies chosen by an Electoral College, has been completely done away with. The dissolution of the Assemblies makes it abundantly clear that that part…
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