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1988 MLD 2869

M.P.BHANDARA

V/S

FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN

Constitution of Pakistan, 1973, Articles 48(2), 58(2), 199 & 248 —

Constitutional petition against dissolution of National Assembly –non-impleading of Acting President as a party in such petition — Effect — President’s exercise of discretion in terms of Article 58(2)(a) of the Constitution rendered doubtful High Court’s exercise of Constitutional jurisdiction against such discretion in view of the bar contained in article 48(2) and requirement to appoint a date not later than ninety days for holding general elections in terms of Article 58 of the Constitution which prima facie is a remedy provided to public against the action of President — Constitutional petition against dissolution of National Assembly was dismissed as not maintainable — [But see Federation of Pakistan v. Haji Muhamamd Saifullah Khan 1988 SCMR 1996 and Muhammad Sharif v. Federation of Pakistan PLD 1988 Lahore 725.

Constitution of Pakistan 1973, Articles 58(2)(b) & 199 —

Dissolution of National Assembly by the President — Validity — Constitutional petition filed after more than three months — No plausible reason for non-filing of such petition earlier spelt out — Petition challenging factum of dissolution, when fresh election dates had been announced and people were mentally ready to go to polls — Challenge to dissolution after the death of late President who had dissolved the National Assembly and at a time when preparation of elections were at advanced stage, indicated that petitioner had not approached the Court with clean ahnds — Petition was not bonafide — But see Federation of Pakistan v. Haji Muhammad Saifullah Khan 1988 SCMR 1996 and Muhammad Sharif v. Federation of Pakistan PLD 1988 Lahore 725. M.P.

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