This judgment shall dispose of the following Election Petitions all of which have been filed under section 76-A of the Representation of People Act, 1976:
(1) Election Petition No.31 of 1997.
(2) Election Petition No.32 of 1997.
(3) Election Petition No.33 of 1997.
(4) Election Petition No. 13 of 1997.
(5) Election Petition No.42 of 1997.
(6) Election Petition No.43 of 1997.
(7) Election Petition No. 15 of 1997.
(8) Election Petition No. 22 of 1997.
(9) Election Petition No. 6 of 1997.
2.A preliminary objection as to the maintainability of these petitions has been raised by the respondent's learned counsel, who has argued that as the Representation of the People (Amendment) Ordinance, 1997 by virtue of which-- section 76-A was added to the Representation of People Act, 1976 has lapsed having not been placed before the Parliament within a period of 4 months as ordained by Article 89 of the Constitution of Islamic Republic of Pakistan, 1973 it has ceased to be on the Statute book and, therefore, these petitions cannot proceed any further.
3. Some of the learned counsel for the petitioner have, however, taken up the position that as these proceedings had commenced at the time when Ordinance No.XVIII was alive the same can continue.
4.It is a common ground between the parties that section 76-A was added to the Representation of People Act, 1976 by promulgating Representation of the People (Amendment) Ordinance 1997 on 31-1-1997. Earlier there was no provision in the nature of section 76-A and so far as Representation of People Act, 1976 was concerned an election could only be challenged by filing a petition under section 52 of the Act by a contesting candid4te. For the first time suo motu powers were conferred upon the Election Tribunal to set aside the election by introducing section 76-A through the amending Ordinance which, however, was not placed before the Parliament and as such stood repealed under Article 89 of the Constitution with the result that it is deemed to have never been on the Statute Book except in regard to the transactions past and closed or the rights which have become vested in or obligations or liabilities which have been accrued thereunder. Although the Representation of People Act, 1976 is a permanent Statute but since section 76-A was introduced by a temporary legislation in the form of an Ordinance, on repeal thereof, this provision ceased to be on the Statute Book. If any authority is needed, reference may be made to the case of Government of Punjab through Secretary, Home Department v. Zia Ullah Khan and others (1992 SCM R 602). This question was examined by my learned brother -Ihsan-ul-Haq Chaudhry, J. As Election Tribunal in Election Petition No. 14 of 1997 who after exhaustive survey of the law on the subject came to the conclusion that on the repeal of Representation of People Ordinance XVIII of 1997 the Tribunal ceased to have suo moto jurisdiction and pending proceedings could not continue. I respectfully agree with my learned brother.