Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Civil Procedure Code (V of 1908), O. I, R.8---Constitutional petition---Provisions of Civil Procedure Code, 1908---Applicability---Filing of Constitutional petition in representative capacity---Validity---Principles of C.P.C. are applicable in Constitutional proceedings---Where the petitioner had filed the Constitutional petition in violation of mandatory provisions of 0.1,, R.8, C. P. C. the petition was liable to be dismissed. Anjuman-e-Arayan, Bhera v. Abdul Rashid PLD 1973 Lah. 500 rel. (b) Interpretation of Constitution--- --Form of Constitution- -Constitution is based on trichotomy of powers. Zia-ur-Rehman's case PLD 1973 SC 49 rel. (c) Constitution of Pakistan (1973)-------Art. 199---Constitutional jurisdiction of High Court---Scope---High Court has only power to interpret the law and has no jurisdiction to take the role of policy maker in the garb of interpretation. Zanur Ahmad Khan's case 1978 SCMR 327 rel. (d) Punjab Local Councils (Lease) Rules, 1990-------S. 2---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Public auction---Giving seven leases/contracts to one person and imposing of condition to deposit Rs.1,00,000 by the bidders prior to taking part in auction proceedings---Validity---Action of the Authorities was in public interest---Instead of dealing 'with seven different persons it was easy to deal with one person for smooth running---Was also in public interest to direct the bidder to 'deposit Rs.1,00,000 for testing his bona fides---Where lease in question was not leased out for the last year, the period mentioned in the advertisement was not prejudicing rights of any person which was in fact prescribed by the policy maker in the public interest---Constitutional petition was dismissed in circumstances. Jan Muhammad v. Municipal Corporation, Faisalabad 1998 MLD 1151 distinguished. (e) Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Clean hands---Where the petitioner did not approach High Court with clean hands, the Court declined to exercise its discretion in his favour---Petition was dismissed in circumstances. Nawabazada Raunaq Ali's case…

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