PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law an

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PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts. 5, 58(1), 95 & 184(3)---Rules of Procedure and Conduct of Business in the National assembly, 2007, Rr. 37(5) & 37(8)---Resolution for vote of no-confidence against the Prime Minister ("RNC")---Deputy Speaker of National assembly gave a ruling under article 5 of the Constitution to dismiss/reject the pending RNC and consequently did not allow voting on the same on the basis that the RNC was linked with and had nexus with efforts of a foreign State to bring about change of Government in Pakistan---Whether the ruling of the Deputy Speaker was violative of article 95 of the Constitution---Held, that from the language of both article 95(2) of the Constitution and Rule 37(8) of the Rules of Procedure and Conduct of Business in the National assembly, 2007 ("Na Procedure Rules"), obligation of holding a vote on a RNC was cast in mandatory terms (once leave to move the RNC had been granted)---Power to pass or reject an RNC through a vote vested only in the National assembly--- Speaker/Deputy Speaker had no veto power to rule on the admissibility or validity of an RNC without putting the same before the National assembly for its decision---accordingly, voting by members of the National assembly on the RNC, could not be circumvented by the Speaker or Deputy Speaker---In the present case the ruling given by the Deputy Speaker dated 03-04-2022 to dismiss the RNC against the Prime Minister and to prorogue the National assembly was in derogation of article 95(2) of the Constitution and Rule 37(8) of the Na Procedure Rules, and, consequently, unlawful---Deputy speaker gave his ruling without allowing the National assembly to vote on the existence and if so the effect of the supervening plea of disloyalty to the State and disobedience of the Constitution, and his ruling also destroyed the substantive constitutional right of the members of the Opposition Parties sitting in the Na to vote on the RNC---Declaration by the Deputy Speaker that the RNC was contrary to article 5 of the Constitution is presumptive, unilateral and without jurisdiction---as the ruling of the Deputy Speaker was unconstitutional and illegal, the RNC against the PM stood revived---Until the defeat of the RNC the Prime Minister was at all material times prevented from advising the President to dissolve the Na, therefore, his advice to the President to such effect was contrary to the Constitution and was of no legal effect---Likewise the order of the President dissolving the Na lost constitutional legitimacy and was therefore nonest---Supreme Court directed that the Na stood restored with immediate effect (in fact it was deemed to have been in existence at all times), and that the Speaker shall convene a sitting of the Na forthwith and conduct the business of the House as per the Orders of the Day issued for 03-04-2022.

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts — 2022 PLD 574 SUPREME-COURT

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