Governors of Khyber Pakhtunkhwa and Punjab dissolved the provincial assemblies on the advice of respective Chief Ministers. This Explainer elaborates the legal procedure following the dissolution of provincial assemblies as enshrined in the Constitution of Islamic Republic of Pakistan 1973.

Article112: Dissolution of Provincial Assembly

The Governor shall dissolve the Provincial Assembly if so, advised by the Chief Minister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised. Explanation: Reference in this Article to ‘Chief Minister’ shall not be construed to include reference to a Chief Minister against whom a notice of a resolution for a vote of no-confidence has been given in the Provincial Assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed.

The Governor may also dissolve the Provincial Assembly in his discretion, but subject to previous approval by the President, where a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly commands the confidence of the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose.

Article 105: Governor to act on advice

1. Subject to the Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice of the Cabinet, or the Chief Minister. Provided that within fifteen days the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall within ten days, act in accordance with the advice tendered after such reconsideration.
2. The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister or the Cabinet shall not be inquired into in, or by, any court, tribunal or other authority. (3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,
3. appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and
4. appoint a care-taker Cabinet.
5. The provisions of clause (2) of Article 48 shall have effect in relation to a Governor as if reference therein to.

Article 224: Time of election and by-election

1. A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day.

1A. On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care-taker Cabinet:

Provided that the care-taker Prime Minister shall be selected by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly:

Provided further that the Members of the Federal and Provincial caretaker Cabinets shall be appointed on the advice of the care-taker Prime Minister or the care-taker Chief Minister, as the case may be.

1B. Members of the care-taker Cabinets including the care-take Prime Minister and the care-taker Chief Minister and their immediate family members shall not be eligible to contest the immediately following elections to such Assemblies.

Explanation. In this clause “immediate family members” means spouse and children; and President” were reference to “Governor”.

2. When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls.
3. An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.
4. When, except by dissolution of the National Assembly or a Provincial Assembly, a general seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy.
5. When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy.
6. When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the political party whose member has vacated such seat.

Care taker (2018)

Nasirul Mulk was appointed by a consensus between Prime Minister Shahid Khaqan Abbasi and opposition leader Syed Khurshid Ahmed Shah on 28 May. He took the oath of office on 1 June 2018.

Care taker (2013)

Khoso was appointed by the Election Commission of Pakistan on 24 March and took the oath of office on 25 March 2013.