1993 MLD 2152




Constitution of Pakistan (1973), Articles 112 & 199 —

Dissolution of Provincial Assembly bythe Governor on the advice of Chief Minister — Constitutional petition against dissolution order — Full Bench of the High Court had declared the impugned order of the Governor dissolving the Provincial Assembly to be without lawful authority and of no legal effect with the result that Provincial Assembly stood retored — Order of the Full Bench passed weas read out in the Court and reading concluded at 6.33 p.m. and the same day within seven minutes of the announcement of the order Chief Minister rendered another advice to the Governor at 7.00 p.m. and on this advice the Governor again made an order and dissolved the Provincial Assembly for the second time — Petitioner feeling
aggrieved of the said second order of dissolution assailed the same inter alia on the ground that the same was collusive manoeuvre and that Provincial Assembly had been dissolved again with malafide intention to frustrate the judgement of High Court — Counsel of the Petitioner after having been heard for number of days however, submitted that he had instructions from his client and would like to make a statement and thereafter submitted a statement in writing that as a result of the settlement arrived at the higher level in the country to which the Petitioner’s political party was also associated, general elections in the country were tos be held on the 6th and 9th October, 1993 and without prejudice to the Petitioner’s right to re-agitate the same matter in the event of any breach or violation of the terms of the said settlement, Petitioner prayed for permission to withdraw the Constitutional petition — Advocate-General and other counsel appearing for Respondents had no objection to the allowing of the request as prayed for by the Petitioner — High Court disposed of the petition as withdrawn in terms of the statement submitted by the Petitioner in the Court.

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