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1992 CLC 2043

MUHAMMAD NAEEM AKHTAR AND 2 OTHERS

V/S

THE SPEAKER, SINDH PROVINCIAL ASSEMBLY AND OTHERS

Per Nasir Aslam Zahid, J.(a) Constitution of Pakistan(1973), Article 199, 69, 127, 64.

—Art. 199, 69 & 127–Constitutional petition–Maintainability–Action of Speaker of Provincial Assembly in accepting resignations of petitioners from membership of Assembly–Validity–Action of Speaker in accepting resignations in question, would neither come within meaning of term “any proceedings in the Provincial Assembly” used in Art. 69(1) read with Art.127 of the Constitution, nor such action could be described as an exercise of power by the Speaker for regulating the procedure or the conduct of business in the Assembly–Constitutional petition against action of Speaker in accepting resignations of Members of Assembly was, thus, maintainable. [p. 2045]A

—Art.199–Election–Constitutional petition—Maintainability–Constitutional petition was not liable to be dismissed on the ground that bye-elections for the three seats falling vacant, pursuant to resignations of petitioners from Assembly were being held in the next two days. [p. 2045]B

—Art. 64–Resignation by a Member of Assembly–Effect–Article 64 of the Constitution does not require acceptance by Speaker of resignation tendered by a Member of Assembly, for when a Member by writing under his hand addressed to Speaker resigns his seat, thereupon, would become vacant–Speaker’s role in accepting or declining to accept resignations of members of Assembly stated.

Clause (1) of Article 64 of the Constitution does not require acceptance of the resignation by the Speaker for the resignation to become effective and as a consequence the seat becoming vacant but from this it does not follow that the Speaker has no role at all to play in this exercise of resignation.

In case the Speaker has any doubts about the genuineness or voluntary nature of the resignation received by him, or he receives information from the concerned member or on his behalf that the resignation was not genuine or had not been given voluntarily, the Speaker was then required to hold an inquiry to satisfy himself as to the genuineness or voluntary nature of the resignation and if in such inquiry he finds that the resignation was not genuine or voluntary,he would record such finding, in which event resignation would become ineffective and the member would continue to retain his seat.

In case the Speaker had no reason to doubt the genuineness or voluntary nature of the resignation received by him and he also does not receive any intimation either before the receipt of the resignation or within reasonable time of such receipt form the concerned member or on his behalf that the resignation was not genuine or voluntary or that it was not to be acted upon, there would be no requirement for the Speaker to hold any inquiry and the resignation in such a situation would become effective with the consequence of seat falling vacant. [p. 2045]C

—Art. 64–Action of Speaker in accepting resignations of Members of Assembly–Validity–Petitioners failed to prove that they gave their resignation letters under coercion–Petitioners, if wanted to back out or retract from resignations, should have given public statement or written a letter to Speaker to that effect declaring that resignations in question, were no longer valid and should not be acted upon–Petitioner being aware of submission of their resignations did not inform Speaker immediately about any defect in the resignations did not inform Speaker immediately about any defect in the resignation letters or that same were not to be acted upon–Resignations of petitioner were thus, validly accepted by Speaker. [p. 2047]D

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