representative forum of the people of Pakistan i.e. the National Assembly, the judgment reads.
“This is clearly hit by the doctrine of political question. The prayer and the petition have become infructuous as, admittedly, before the speaker could conclude the inquiry the resignations have been retracted, and have thus become ineffective and no more valid as has already been held.”
While dismissing the petition, the judges had held that neither was the petition maintainable nor did any matter placed before them require their intervention in the exercise of the powers and jurisdiction vested in them under Article 199 of the Constitution.
The IHC bench, referring to the Supreme Court judgment in A K Fazlul Qauder Chaudhry Vs Syed Shah Nawaz & others, noted that the apex court interpreted the duty of the speaker in the case of resignation tendered by an MP.
The IHC judges noted that they have no doubt in mind that the speaker had the right and duty under the Constitution to satisfy himself as to the genuineness and the validity of the resignation by a member, before it is allowed to take effect.
The ruling further referred to a judgment of the Madras High Court, and said that to resign is not a matter of right.
The IHC also mentioned the case of former prime minister Syed Yusuf Raza Gilani, and observed that a seven member- bench of the Supreme Court decided the contempt of court case. Pursuant to that ruling, the then speaker gave her decision and the same was challenged before the apex court, culminating in the judgment titled Muhammad Azhar Siddiqui and others Vs Federation of Pakistan, it said.
These judgments had been delivered in the context of determining the role of the speaker under Article 63(2) of the Constitution. The principles enunciated in them unambiguously elucidate that it is the exclusive domain of the speaker to apply his own mind judiciously.
Shah had also prayed to the court to direct the Election Commission of Pakistan (ECP) to announce the schedule of by-elections, and restrain the National Assembly secretary from issuing the salaries to the PTI lawmakers.
He had contended that PTI members had verified their resignations for a number of times through the media. Article 64 is silent on the acceptance or rejection of the resignation tendered by an MP, he pointed out.