Law: Constitution of Pakistan, 1973

Section: 199,23,24

Constitution of Pakistan (1973)--- ----Arts. 199, 23 & 24---Constitutional jurisdiction of High Court---Scope---Lease of an immovable property of a Co-operative Society managed and operated as a public sector enterprise by public functionaries exercising control over its affairs---Acts of public functionaries taken particularly in pecuniary and proprietary matters of the said enterprise were subject to the rules of transparency, good governance and fairness---Public functionaries deriving authority from or under law, were obliged to act justly, fairly, equitably, reasonably, without any element of discrimination and squarely within the parameters of law, as applicable in a given situation---Deviations, if of substance, could be corrected through appropriate orders under Art.199 of the Constitution---Principles. The Coop (a Society), in the present case, is managed and operated as a public sector enterprise by public functionaries exercising control over its affairs. It is axiomatic that in the discharge of their duties in relation to the Coop, be it the Registrar, the Coop board of directors or the Secretary Cooperatives, their acts are subject to the rules of transparency, good governance and fairness. The application of these rules establishes the legal validity of acts of public functionaries taken particularly in pecuniary and proprietary matters. So long as the impugned action meets the standard set by the said rules, it is neither necessary nor proper for the Court to consider the sufficiency or detail of the terms of the proposed lease of the Coop's land. Indeed the Court confines itself to the application of objective criteria to assess the validity of public action. In this context some salient facts of the present case are noted as follows. Valuable commercial land owned by the Coop was being leased without inviting tenders or offers from the public to establish its market value. This action was based on the premise that the grant of 99 years lease of land is not a transfer or disposition that attracts the said measures establishing transparency. Transfer of property owned by a cooperative society a government agency is deemed to be valid and…

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