Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii)

Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Quo warranto, writ of---Jurisdiction of High Court---Scope. The petition of quo warranto empowers the Court to inquire from a person the authority of law under which he is holding the public office, and it is primarily inquisitorial and not adversarial proceedings as the relator need not be a person aggrieved, for the simple reason that a person who is holding a public office without any legal warrant, he is burden on public exchequer and is also usurping the right of eligible person, who is entitled for the office according to law, hence the writ of quo warranto can be moved by any person, who may not be an aggrieved party. The challenger only has to place the facts before the Court against the Public Office Holder, and it is upto the Court to examine the allegations of the petitioner against the Public Office Holder, the Court being the custodian of the rights of tax-payer is bound to safeguard the usurpation of public exchequer. Election Commission of Pakistan v. Asif Iqbal and others PLD 1992 SC 342; Ayatullah Dr. Imran Liaquat Hussain v. Election Commission of Pakistan, Islamabad and another PLD 2005 SC 52; Malik Ghulam Mustafa Khar and others v. Pakistan and others PLD 1988 Lah. 49; Chief Administrator of Auqaf v. Muhammad Ramzan and others PLD 1991 SC 102; Mrs. Benazir Bhutto and another v. Federation of Pakistan and another PLD 1989 SC 66; Reference No.1 of 1988 made by the President of Pakistan PLD 1989 SC 75 and Syed Mehmood Akhtar Naqvi v. Federation of Pakistan through Secretary Law and others PLD 2012 SC 1054 ref. Masood-ul-Hassan v. Khadim Hussain and another PLD 1963 SC 203; The University of Mysore and another v. C.D. Govinda Rao and another AIR 1965 SC 491 and Capt. (Retd.) Muhammad Naseem Hijazi v Province of Punjab through Secretary, Housing and Physical Planning and 2 others 2000 SCMR 1720 rel. JUDGMENT MUHAMMAD KHALID MEHMOOD KHAN, J.--- Through this single order, I propose to decide two petitions i.e. W.P.No.17365 of 2010 and W.P.No.16367 of 2010 as the same question of law and facts is involved in both the petitions. 2. The respondent No.1 was elected as Member Parliament from NA-188…