Law: Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005

Section: 16(2)

Law: Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005

Section: 16(2)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005-------R. 16(2)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Disputed questions of fact---Availability of alternate remedy for resolution of dispute---Effect---Dispute concerning election of Chairman of Area Water Beard---Plea of petitioner (candidate for the post of Chairman) was that both he and opposing candidate (respondent) got equal votes during the election, but competent authority declared opposing candidate as the Chairman due to political influence---Plea on behalf of respondents was that petitioner did not even tender his candidacy for Chairmanship of the Board on the day of the election---Validity---Plea of petitioner was denied altogether by the respondents, therefore, disputed questions of fact had arisen, which needed recording of evidence for their resolution---Constitutional jurisdiction of High Court could not be invoked in such circumstances---Even otherwise, Rule 16(2) of Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005 provided a remedy for settlement of disputes, which had arisen during the election process---No such remedy had been availed by the petitioner---Constitutional petition was not maintainable in circumstances and was accordingly dismissed with the observation that petitioner was at liberty to avail the remedy available to him in accordance with the law. (b) Constitution of Pakistan--- ---Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed questions of fact---Where such questions arose, constitutional jurisdiction of High Court could not be invoked. (c) Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005--- ----R. 16(2)---Dispute concerning election of Chairman of Area Water Board---Resolution of such dispute---Scope---Rule 16(2) of Punjab Irrigation and Drainage Authority (Pilot Farmers Organizations) Rules, 2005 provided a remedy for settlement of disputes, which had arisen during the election process---Such dispute had to be decided by the Authority, a duly authorized officer of the Authority or by a dispute resolution…

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