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NLR 1993 CIVIL 599

SYED QAIM ALI SHAH

V/S

ATTA MUHAMMAD MURRI, DEPUTY SPEAKER SINDH ASSEMBLY, KARACHI

Constitution of Pakistan (1973), Articles 64 & 127 —

Inquiry by Speaker into voluntary nature of resignation. Pinciple of locus poenitentiae would not apply to inquiry and resigning member cannot claim withdrawal of his resignation in case resignation is found after inquiry to be
genuine and voluntary in nature.

Constitution of Pakistan (1973), Articles 64 & 127 —

Inquiry by Speaker into genuine and voluntary nature of resignation. Scope of inquiry is limited to consideration of two matters, namely, genuineness of resignation or its voluntary nature: During inquiry, resigning member cannot withdraw his resignation for reason that if he is allowed to withdraw resignation during inquiry it would amount to negating provision of Section 64(1) which gives automatic effect to resignation.

Constitution of Pakistan (1973), Articles 64 & 127 —

Resignation from membership of National Assembly or Provincial Assembly. Grat responsibility is placed on member whose resignation has rached Speaker, news whereof had been made public through news media. If he wants to challenge validity of his resignation on ground that it was either not his resignation or that it had been obtained under duress or coercion, he is required either to contact Speaker immediately informing him about defects in resignationletter or if it is not possible for him to contact Spaekr to give a public statement pointing out defects in resignation. Failure by member to contact Speaker or to make public statement disowning resignation when his resignation was flashed through news media would make untenable his plea that resignation was obtained under coercion and duress.

Constitution of Pakistan (1973), Articles 64(2), 127 & 224(4) — I

nquiry into genuineness or voluntary nature of resignations to be held by Speaker should be completed within 20 days so that in case resignation is found to be genuine and voluntary bye-election to seat fallen vacant by resignation could be held within 60 days as required by Article 224(4). In case of non-completion of inquiry within 20 days, it must be established that inquiry could not possibly have been completed within about 20 days to enable bye-elections to be held within 60 days of occurrence of vacancy from resignation.

Constitution of Pakistan (1973), Article 127 —

En bloc resignation by 24 members belonging to one political party. Speaker doubting genuiness of resgiantions and deciding to hold an inquiry. He giving
statements in Press that members whose resignations had been received should approach him or see him to confirm resignations. Held: (i) Speaker did not act illegally or against Constitution in not giving automatic efect to resignations immediately by issuing notifications that seants had fallen vacant. (ii) Decision of Speaker to hold inquiry into genuineness or voluntariness o resignations could not be challenged in writ jurisdiction.

Constitution of Pakistan (1973), Articles 127 & 224(4) —

Delay of four months in completion of inquiry by Acting Speaker into genuine and voluntary nature of resignations by MPAs. High Court not appreciating conduct of Acting Speaker in going out of country for one month without finalising question of resignation. Held: (i) Keeping in mind time frame provided in Article 224(4), Acting Speaker instead of taking a decision as early as possible to enable mandate of Article 224(4) to be fulfilled, dragged his feet prolonging inquiry and even went out of country for about one month. (ii) Persons holding such responsible positions are expected to act with more responsibility especially keeping in view mandate of Article 224(4) to hold bye-eletions within 60 days of occurrence of vacancy.

Constitution of Pakistan (1973), Articles 127 & 224(4) —

Inquiry into genuiness and voluntary nature of resignations by MPAs. Inquiry lasting for nearly four months without any explanation for such delay in completion of inquriy. Held: Acting Speaker was required to finalise inquiry as soon as possible and by dragging on inquiry for nearly four months. Acting Speaker did not discharge his Constitutional responsibilities of completing inquiry and issuing notification giviang effect to resignations in view of time frame provided by Article 224(4).

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