SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Ministry of Interior Islamabad arts — 2023 PLD 42 SUPREME-COURT

Case information

Citation: 2023 PLD 42 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Ministry of Interior 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

SUPREME COURT BAR ASSOCIATION OF PAKISTAN VS FEDERATION OF PAKISTAN through Ministry of Interior Islamabad arts. 17(2) & 63-a(1)(b)---Disqualification on grounds of defection, etc.---Intertwinement of articles 17(2) & 63a of the Constitution---"Healthy" operating of political parties---Scope---Parliamentarian votes or abstaining from voting in the House contrary to any direction issued by the parliamentary party to which he/she belongs---Consequences---Vote cast by such Parliamentarian is to be disregarded, as it is only in this way that the external aspect of the "healthy" operating of political parties will be maintained---Balance among the political parties will not be disturbed and they will continue to compete and vie for political power in the manner required by article 17(2)---Defector's vote is to be disregarded immediately and automatically once the member in default has cast his vote against the direction of the parliamentary party---No other act, resolution or direction is required---any conscientious objector in a party can resign at any time to register his dissent and disagreement, instead of defecting, which was disruptive of, and dangerous for, the functioning of the constitutional system.

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