SUPREME COURT BAR ASSOCIATION OF PAKISTAN vs FEDERATION OF PAKISTAN through Ministry of Interior Islamabad art — 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 art

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 art. 63-a(1)(b)---Disqualification on grounds of defection, etc.---Parliamentarian votes or abstaining from voting in the House contrary to any direction issued by the parliamentary party to which he/she belongs---De-seating of member in default---Procedure---Pathway to de-seating the member in default does not self-actualize and become automatically operational---Member in default, who cast the proscribed vote, is not ipso facto de-seated---article 63-a(1)(b) of the Constitution has placed a "gateway" along this pathway, which is to leave it to the discretion of the Party Head whether to proceed to making a declaration of defection, which must precede the de- seating---So, it could be that the "gateway" never opens and the member in default continues to remain a parliamentarian and part of the parliamentary party concerned.

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