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PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice Islamabad arts — 2022 PLD 290 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2022 PLD 290 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice Islamabad arts

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice Islamabad arts. 5, 54(3), 58(1), 63a & 95---Rules of Procedure and Conduct of Business in the National assembly, 2007, Rr. 32 & 37---Vote of no-confidence against the Prime Minister---Deputy Speaker of National assembly gave a ruling to dismiss/reject the pending no-confidence motion against the Prime Minister and consequently did not allow voting on the same on the basis that the motion was linked with and had nexus with efforts of a foreign State to bring about change of Government in Pakistan---Constitutionality---Said ruling of the Deputy Speaker was contrary to the Constitution and the law and of no legal effect, and was accordingly set aside---Supreme Court declared that the resolution for a vote of no-confidence against the Prime Minister was pending and subsisting at all times; that the advice tendered by the Prime Minister to the President to dissolve the assembly and the Order of the President dissolving the assembly and all acts or proceedings initiated or done to give effect to dissolving the assembly and/or for purposes of holding a General Election to elect a new assembly were contrary to the Constitution and of no legal effect---Supreme Court gave directions to the Speaker to summon and hold a sitting of the assembly to conduct the business of the House as per the Orders of the Day that had been issued on the day of the Deputy Speaker's (unconstitutional) ruling and in terms as stated in, and required by, art. 95 of the Constitution read with R. 37 of the Rules of Procedure and Conduct of Business in the National assembly Rules, 2007 ("Rules").

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