Law: Constitution of Pakistan, 1973

Section: 199,255(2),129,199(2)(b)(ii)

Law: General Clauses Act, 1897

Section: 3(43a)

Law: Punjab Office of Ombudsman Act, 1997

Section: 3(1),3

Punjab Office of the Ombudsman Act (X of 1997)--- ----S. 3---Constitution of Pakistan, Arts. 199 & 255 (2)---Constitutional Petition---Quo warranto---Appointment of Ombudsman---Oath, taking of---Petitioner assailed the notification in view whereof oath taken by respondent as Ombudsman, before Acting Governor on the ground that the same was illegal---Validity---Oath, under Art. 255 (2) of the Constitution, was required to be made before a specific person and in case it was impracticable for any reason it might be made before such other person as might be nominated by that person---Acting Governor was duly nominated by President of Pakistan to act as Governor in absence of Governor, therefore, Acting Governor was competent to administer oath to the Ombudsman---Petitioner did not challenge notification whereby Acting Governor was directed by President of Pakistan to act as Governor which showed that petitioner had admitted appointment of Acting Governor---Petitioner without challenging appointment of Acting Governor could not challenge the act of Governor which he had done after his nomination as Acting Governor---Constitutional remedy was discretionary particularly the relief claimed on the principle governing quo warranto as envisaged under Art. 199(2)(b)(ii) of the Constitution---Such discretion had to be exercised by High Court in accordance with judicial principles and not as a matter of course---In order to exercise such discretion, the conduct of petitioner was very relevant---Petition was based on mala fides and was an act motivated for ulterior considerations designed to malign and scandalize the respondents---High Court declined to interfere in the appointment of Ombudsman and oath taken by him before Acting Governor---Constitutional petition was dismissed in circumstances. Al-Jehad Trust v. Federation of Pakistan PLD 1996 SC 324; Pakistan Tehrik-e-Inqilab v. Election Commission of Pakistan and 2 others 1997 MLD 3167; Arun Kumar v. Union of India and others AIR 1982 Rajasthan 67; The Tariq Transport Company v. The Sargodha Bhera Bus Service PLD 1958 SC 437; Dr. Kamal Hussain v. M. Siraj ul Islam PLD 1959 SC 42; Islamic Republic of Pakistan v.…

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