Law: Constitution of Pakistan, 1973

Section: 120,122,123,124,199,120(1),122(2)

Constitution of Pakistan--- ----Arts. 120, 122, 123, 124 & 199---Constitutional petition---Annual budget statement, approval of---Allotting funds to the members of legislative bodies---Scope---Contention of petitioner was that Government was allotting funds to the particular members of Assembly against annual budget statement---Statement on behalf of Government that all amounts would be spent through concerned department and no amount would be allotted/sanctioned for use to the members of legislative bodies---Validity---High Court disposed of constitutional petition with the observation that statement made on behalf of Government would be treated as an undertaking given to the court and provisions of Arts. 120(1), 122(2), 123 and/or 124 of the Constitution would be complied with by the Government with regard to annual budget statement and supplementary budget statement. Action against Distribution of Dept. Funds by Exh.P.M.A Raja Parvez Ashraf PLD 2014 SC 131 ref. JUDGMENT QAZI FAEZ ISA, C.J.---These two constitutional petitions pertain to similar points and therefore, are being disposed of by this common judgment. In Constitution Petition No.218 of 2014 the following prayer is made:-- "(a) Declaring that the Government of Balochistan while approving the annual budge statement for the current financial year 2013-14 through provincial assembly is violative of Article 120 to Article 124 of the Constitution of Islamic Republic of Pakistan, 1973 and the relevant provisions of provincial assembly Balochistan Rules and Procedure and Conduct of Business, 1974 amended from time to time. (b) Declaring that the Government of Balochistan has approved the Annual Budget Statement by way of block allocation and its distribution for violation of constitutional provisions referred to herein above as well as relevant procedure and rules of business for the reason to permit the use allocation of the funds to MPA/Notables at their sole discretion without specifying the purpose in the budget statement as such act on the part of executive is not only unconstitutional as well as against the constitutional guarantees of the public at large of the province of Balochistan. (c)…

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