M. MAHBOOB AHMAD, CJ.---On 28-6-1993 a Full Bench on this A had declared the impugned order of the Governor, Punjab dated 29-5-1993 dissolving the Provincial Assembly of Punjab on the basis of advice rendered by the Chief Minister, Punjab to be without lawful authority and of no legal effect with the result that the Provincial Assembly of Punjab stood restored.
2. The order aforementioned passed in Petition No,5486 of 1993 was read out in the Court and the reading concluded at 6-53 p.m.
3. The same day within 7 mintues of the announcement of the order aforementioned, Chief Minister, Punjab rendered another advice to the Governor, Punjab at 7-00 p.m. On this advice the Governor, Punjab again made an order and dissolved the Provincial Assembly of Punjab for the second time.
4. The petitioner feeling aggrieved of the aforementioned action of the Chief Minister and the Governor assailed the order of the Governor dated 28-6-1993 inter alia on the ground that the same is a collusive manoeuvre and that the Provincial Assembly has been dissolved with mala fide intentions to frustrate the judgment of this Court.
5. This petition has been heard on a number of dates. Today the learned Acting Advocate-General, Punjab has sought an adjournment to obtain instructions from the Government as he has assumed charge only today.
6. Mr. Shahzad Jahangir and Raja Muhammad Anwar, Advocate submitted that they have also as yet not received any instructions in the matter.
7. Mr. Ejaz Hussain Batalvi, Advocate, the learned counsel for the petitioner, however, submitted that he has instructions from his client and would like to make a statement. He thereafter submitted a statement in writing which reads as under:--- The petitioner has in his Writ Petition No,6686 of 1993, impugned the legality and validity of the advice tendered by Mr. Manzoor Ahmad Wattoo, the then Chief Minister of Punjab, and the order passed thereon by Mr. Altaf Hussain the then Governor of Punjab on 28th June, 1993, dissolving the Provincial Assembly of the Punjab, inter alia on the grounds of mala fide. As a result of the settlement arrived at the higher level in the country to which the petitioner's political party is also associated, the General Elections in the country are to be held on the 6th and 9th October, 1993--- on the 6th for the National Assembly and on the 9th for Provincial Assemblies.
' 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 aforesaid settlement, petitioner prays for permission to withdraw the writ petition."
8. Mr. Ejaz Hussair Batalvi, Advocate read out the statement in the Court also and requested that the petitioner be granted permission to withdraw the writ petition without prejudice to the petitioner's right to re-agitate the same in the event of any breach or violation of the agreement referred to in the statement submitted in writing.
9. The learned Acting Advocate-General, Punjab and the other learned counsel appearing for respondents have no objection to the allowing of the request as prayed for.
10. In view of the foregoing, this petition is disposed of as withdrawn in terms of the statement submitted today in the Court.
11. There will however, be no order as to costs.