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P L D 1993 KARACHI 286

ABDUL RAZIQUE KHAN
V/S
PROVINCE OF SINDH AND OTHERS

Per Nasir Aslam Zahid, C.J.

CONSTITUTION OF PAKISTAN (1973), ARTICLES 64 & 127:

Articles 64 & 127 — Resignation letter alleged to be signed by petitioner/M.P.A. was prsented to Deputy Speaker on 27.6.1992, whereupon Deputy Speaker started holding enquiry as to the validity thereof, and ultimately issued notification on 28.12.1992, to the effect that Provincial Assembly’s seat held by petitioner had fallen vacant — Validity — Petitioner relied upon his letter dated 12.7.1992 addressed to the Governor, whereby he had informed the Governor that his alleged resignation be considered only after his personal appearance and complete satisfaction as to the voluntariness of said resignation — Deputy Speaker deferred action on letter of resignation until acceptable confirmation of intention to resign was available and for that purpose Deputy Speaker through a press statement asked the persons whose resignations had been received to appear before him personally and to confirm or to dispute the resignations — At no point of time from June 1992 (viz, date of resignation) to 28.11.1992 (date of acceptance of resignation) any contact was made by the petitioner with the Deputy Speaker — Deputy Speaker could not wait indefinitely for petitioner to appear and then contact the Deputy Speaker — Petitioner’s signatures on the letter addressed to the Governor did not tally with his signatures on the letter of resignation — Signatures of petitioner on the letter of resignation were accepted by the petitioner to be his own and they also tallied with his genuine signatures on various documents kept in the Assembly record — Petitioner neither appeared before Deputy Speaker nor he talked with him on telephone — Petitioner  must have been aware of the resignation letter having reached the Deputy Sepaker and was thus, obliged to contact him as soon as possible to inform him about any defect in the resignation letter or that the resignation letter had not been tendered by him — Deputy Speaker’s action in the issuance of the notification dated 28.11.1992 giving effect to the resignation letter of petitioner was, thus, correct and bona fide decision. [pp. 292,293]A & B

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