Case Details

Citation(s)
2014 SLG 831 2014 SLD 831 2014 MLD 1824
Lahore High Court
Writ Petition No. 3887 of 2011, decided & hearing on 07-04-2014.
M. SOHAIL IQBAL BHATTI, JUSTICE
Mrs. Kausar Iqbal Bhatti for Petitioner. Hafiz Muhammad Abdul Qayyum and Muhammad Uzair Qayyum for
Respondent.

BASHIR AHMED

VS

DEPUTY MANAGER (OP) MEPCO AND OTHERS

Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Scope---Grant of relief under Art.199 of the Constitution is in discretion of court but where it is shown that impugned action is unconstitutional or is violative of fundamental constitutional rights; then it becomes bounden duty of court to enforce the rights of citizens with its full might and majesty. (b) Electricity Act (IX of 1910)--- ----Ss.26 (6), 26-A & 36---Constitution of Pakistan, Arts.18 & 199---Constitutionalpetition---Electricity, right of---Holders of public office---Responsibility---Electric Supply Company did not restore supply of electricity, despite clear direction by Electrical Inspector---Validity---Holders of public / statutory offices are fiduciaries and trustees for people of Pakistan and when performing functions of their offices, they can have no interest other than the interests of people of Pakistan---Basis of fiduciary relation is exclusive benefit principle, according to which fiduciary has a duty to act solely in the interest of beneficiary---People of Pakistan are not only the beneficiaries but also principal of trust given to the statutory functionaries---Legal imperative fiduciaries must act in the best interest of principal and perform their functions with care and complete fidelity---Right to have electricity is a vested right and is right of livelihood---Right to livelihood is an inalienable right of a person---Electricity makes life meaningful, complete and worth living---Business of petitioner was dependent upon supply of electricity by Supply Company, inaction on the part of the Company had come within the mischief of Art. 18 of the Constitution---High Court directed Electric Supply Company to implement decision of Electrical Inspector in three days---Petition was allowed accordingly. Multan Electric Power Company Ltd., through Chief Executive and another v. Muhammad Ashiq and others PLD 2006 SC 328; Colony Textile Mills Ltd., Multan through Factory Manager v. Chief Executive, Multan Electricity Power Company Ltd. (MEPCO), Multan and 2 others 2004 SCMR 1679; Colony Textile Mills Ltd. Islamabad, Multan through Factory Manager v. Chief…
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