On 7 November, 1954 Maulvi Tamizuddin, the Speaker of the dissolved assembly, filed a petition with the Sindh Chief Court, whereby he questioned the Governor General’s power to dissolve the assembly.
The Sindh Cheif Court gave a unanimous decision in favour of Maulvi Tameezuddin and held the dissolution of the Constituent Assembly a nullity in law on the ground that the privilege of the Constitution. Being a sovereign body the Assembly was ‘subject to no agency or instrument outside itself to affect its dissolution or to give its laws validity, except such as itself chose to create.
Moreover, it was held that membership of the Assembly was compulsory to qualify membership of the Cabinet. It was an extra ordinary power to be exercised in an extraordinary situation.