| Case ID |
323b8494-cb16-4a1b-8ff4-a6585ec12972 |
| Body |
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| Case Number |
D-936 of 1991 |
| Decision Date |
Apr 30, 1992 |
| Hearing Date |
Apr 27, 1992 |
| Decision |
The petition was found maintainable under Article 199 of the Constitution and was not barred by Article 69. The action of the Speaker in accepting the resignations of the petitioners was determined to be outside the scope of 'any proceedings in the Provincial Assembly' as defined under Article 69. The court clarified that the resignation of an Assembly member does not require acceptance by the Speaker for it to be effective. The petitioners failed to demonstrate that their resignations were coerced and did not take appropriate steps to retract them, thereby affirming the validity of the Speaker's acceptance of their resignations. The petition was dismissed without any order as to costs, and an interim relief application became infructuous. A detailed judgment will follow. |
| Summary |
The Sindh High Court addressed the maintainability of a constitutional petition regarding the acceptance of resignations by the Speaker of the Sindh Provincial Assembly. The court discussed the interpretation of Articles 199, 69, 127, and 64 of the Constitution of Pakistan. It emphasized that the Speaker's acceptance of resignations does not fall under the procedural actions of the Assembly and thus does not restrict the petition's maintainability. The court ruled that the petitioners' resignations were valid as they did not provide evidence of coercion and failed to formally retract their resignations. The decision highlighted the importance of clarity in resignation processes within parliamentary systems, ensuring that members cannot easily retract their decisions without due process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIR ASLAM ZAHID,
NAZIM HUSSAIN SIDDIQUI
|
| Lawyers |
M.M. Pirzada,
Nasim A. Faruqui,
K.M. Nadeem
|
| Petitioners |
2 others,
MUHAMMAD NAEEM AKHTAR
|
| Respondents |
others,
THE SPEAKER, SINDH PROVINCIAL ASSEMBLY
|
| Citations |
1992 SLD 1048,
1992 CLC 2043
|
| Other Citations |
PLD 1976 SC 504
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
69,
127,
64
|