h1

P L D 1956 LAHORE 807

AHMED SAEED KIRMANI

V/S

FAZAL ELAHI, SPEAKER AND OTHERS


CONSTITUTION OF PAKISTAN (1956), ARTICLES 87, 81 & 215:
(ARTICLES 108, 127 & 102 OF 1972 CONSTITUTION)

Constitution of Pakistan Article 87(3) of 1956 — “Vacant” — Meaning of — Interim Speaker — First meeting of Assembly after general elections — Governor has power to appoint.

The word “vacant” covers the vacancy of the office of speaker at the first meeting of the Assembly after the general elections, and the Governor has therefore power under paragrah (3) of ARticle 87 of the Constitution of Pakistan of 1956 to appoint an interim speaker for such a meeting. [p.811]A

Constitution of Pakistan, Articles 81 & 215 of 1956, Second Schedule — Interim Chairman of first meeting of Assembly after general election — Duty to administer oath to members.

Articles 81 and 215 of the Constitution of Pakistan of 1956 have to be read with the relevant part of the Second Schedule, and on the basis of these provisions, it is not merely within the power of the interimn chairman but also his duty to administer the prescribed oath to the members of the Assembly. [p.812]C

Constitution of Pakistan, Article 87(3) of 1956 — Interim Chairman’s right to castiong vote in case of tie.

An ionterim Chairman appointed by the Governor to preside over the first meeting of the Assembly after a general election has the right to a casting vote in case of a tie. [p.812]D

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