Case Details

Citation(s)
2013 SLG 1850 2013 SLD 1850 2013 PLC 625
Lahore High Court
Writ Petition No.29005 of 2012, heard on 15-01-2013
SYED MANSOOR ALI SHAH, J

Barrister SARDAR MUHAMMADVsFEDERATION OF PAKISTAN and others

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Quo warranto, writ of---Scope and object of proceedings---Quo warranto proceedings afforded a judicial remedy by which any person, who held an independent substantive public office was called upon to show by what right he held the said office, so that his title to it might be duly determined, and in case the finding was that the holder of the office had no title, he would be ousted from that office by a judicial order---Procedure of quo warranto gave the judiciary a weapon to control the executive from making appointments to public office against law and to protect a citizen from being deprived of public office to which he had a right---Quo warranto proceedings also tended to protect the public from usurpers of public office, who might be allowed to continue either with the connivance of the executive or by reason of its apathy. Halsbury's Law of India -- Vol.35 (Constitutional Law-II) Lexis Nexis Butterworths 2007-p.145 rel. (b) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Writ of quo warranto, remedy of---Scope and object---Object of constitutional remedy of writ of quo warranto was to protect the sanctity of the "public office" by safeguarding against unlawful appointments---Constitutional objective in regard to said remedy appeared to be more institutional---Constitutional courts, acting as gatekeepers, protect the sanctity of a "public office" and, as a result, shield public institutions from usurpers---Constitutional obligation was to ensure that persons selected to man public institutions were appointed in accordance with law without the slightest taint of impropriety---Writ of quo warranto was also a constitutional platform for the "whistle-blowers" to come forward in public interest and raise their concern about wrongdoing within organizations, as a result of which institutions/organizations were more open and accountable to their employees, shareholders and the greater public in their activities. (c) Constitution of Pakistan--- ---Art. 199(1)(b)(ii)---Quo warranto, writ of---Nature of proceedings---Locus standi of petitioner---Scope---Proceedings of writ of quo warranto were not strictly…
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