MALIK MUHAMMAD QAYYUM, J.- In this petition under Articles 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the election of Mr. Faruq Ahmad Khan Leghari as President of Pakistan.
2. The only ground urged by the petitioner, who has appeared in person, is that as the appointment of Ltd. Gen. (Rtd.) Muhammad Iqbal Khan, Acting Governor of the Province of Punjab and also of Governors of the other three Provinces was violative of Articles 101 and 104 of the Constitution, the Acting Governors could not have summoned the Sessions of the Provincial Assemblies in which the Members of the said Assemblies had taken oath. According to the petitioner, all actions taken subsequent thereto by the Members of the Provincial Assemblies including the election of the President are void.
3. There is no merit in this contention. The appointment of It. Gen. (Rtd.) Muhammad Iqbal Khan as Acting Governor of the Province was challenged by the petitioner by filing a constitutional petition which is still pending before this Court. No detailed comments can, therefore, be made upon this contention at this stage. For the present purpose, suffice it to say, that in these proceedings, the appointment of It. Gen. (Rtd.) Muhammad Iabal Khan as Acting Governor is not under direct challenge but has only been collaterally attacked, in the absence of any order by any Court holding his appointment to be invalid, he having assumed the office of the Governor pursuant to his appointment was entitled to perform functions as such and the actions taken by him cannot be said to be of no legal effect. On the principle enunciated in It. Col. Ferzend Ali and others v. Province of West Pakistan through the Secretary, Department of Agriculture, Government of West Pakistan, Lahore (PLD 1970 S.C. 98), the acts of the de facto, if not be jure Governor cannot be said to be invalid or treated to be a nullity. There is another additional reason as to why this petition cannot succeed which is that under Article 41 (6) of the Constitution, the validity of the election of the President cannot be questioned before any Court or other authority.
For all these reasons this petition is dismissed in limine.