Maulvi Tameez-ud-Din Khan vs. Governer General of Pakistan

1. Fast Facts & Citations

• Case Citation: PLD 1955 F.C. 240
• Assembly Dissolved: Constituent Assembly of Pakistan
• Dissolved By: Governor-General Malik Ghulam Muhammad
• Assembly President: Maulvi Tameezuddin Khan (Elected on December 14, 1948)

2. Key Historical Timeline

• April 1953: Governor-General dismisses Prime Minister Khwaja Nazimuddin's cabinet.
• September 21, 1954: Prime Minister Muhammad Ali Bogra passes a constitutional amendment to limit the Governor-General’s power.
• October 24, 1954: Governor-General Ghulam Muhammad retaliates by dissolving the Constituent Assembly.

3. The Judicial Journey

Phase 1: The Chief Court of Sindh (First Instance)

• The Action: Maulvi Tameezuddin challenges the dissolution in the Chief Court of Sindh.
• The Law Used: Filed under Section 223-A of the Government of India Act 1935.
• The Writs Filed: Two types — Mandamus and Quo warranto.
• The Outcome: The Sindh Chief Court rules in favor of Tameezuddin.

Phase 2: The Federal Court (On Appeal)

• The Bench Head: Chief Justice Muhammad Munir.
• The Verdict: The Federal Court Set aside(reversed) the Sindh court's decision.
• The Reason: They ruled Section 223-A was invalid because it lacked the formal assent of the Governor-General.
• The Dissenter: Justice A.R. Cornelius was the only judge who disagreed.