| Citation(s) |
|---|
| 2017 SLG 1230 2017 SLD 1230 2017 PLJ 469 |
Lahore High Court
W.P. No. 3335 of 2014, heard on 13.2.2017. Date of hearing: 13.2.2017.
CH. MUHAMMAD IQBAL, J.
Mr. M. Abdus Sattar Chughtai, Advocate for Petitioners (in W.P. Nos. 3335, 3996 and 6656 of 2014). Mr. R. M. Razzaque, Advocate for Petitioners (in W.P. Nos. 2328, 3293, 3294, 3574, 3575, 3577 of 2014 and 24289 of 2016). Ch. Muhammad Amin Javaid, Advoca
W.P. No. 3335 of 2014, heard on 13.2.2017. Date of hearing: 13.2.2017.
CH. MUHAMMAD IQBAL, J.
Mr. M. Abdus Sattar Chughtai, Advocate for Petitioners (in W.P. Nos. 3335, 3996 and 6656 of 2014). Mr. R. M. Razzaque, Advocate for Petitioners (in W.P. Nos. 2328, 3293, 3294, 3574, 3575, 3577 of 2014 and 24289 of 2016). Ch. Muhammad Amin Javaid, Advoca
FARMERS ORGANIZATION OF PEER MAHAL DISTRIBUTARY through its VP . er
VS
GOVERNMENT OF PUNJAB through Secretary (Irrigation), etc. . --Respondents
Law:
Section:
Punjab Irrigation & Drainage Authority (Farmers Organization) Rules, 2010 --.-- --.-- R. 9 --.-- Constitution of Pakistan, 1973, Art. 199 --.-- Constitutional petition --.-- Execution agreement with PIDA --.-- Proposal for enhancement of tenure was turned down --.-- Authority to implement strategy for streamlining irrigation and drainage system with object to replace existing administrative --.-- Validity --.-- Period was settled for three years and parties to agreements are bound to act upon terms and conditions of agreements --.-- Period for FOs was mutually settled for three years only, however, proposed tenure of six years of FOs was subject to revision of PIDA (FOs) Rules, 2010 which was to be approved by Government of Punjab but there is no approval of Government available is on record --.-- Any dispute between FO and authority matter shall be resolved through process of arbitration which has not been invoked by petitioners, as such, in presence of arbitration clause, petitioners are debarred to challenge impugned action through these constitutional petition --.-- Lawfully elected members into administration/management of establishment and right of eligible voter to select his favourite and suitable candidate cannot be encompassed or perished on whim and caprice of those members who had already enjoyed full tenure of holding office for which period they were elected, as such, object of filing these petitions is tainted with mala fide to debar voters to exercise right of vote in favour of their choiced members. JUDGMENT Through this single judgment, I intend to decide the titled writ petition as well as connected Writ Petition Nos. 2328, 3293, 3294, 3574, 3575, 3577, 3932, 3995, 3996, 6656, 21028 of 2014, 5343, 5655, 6131, 6334, 6608 of 2015, 24289 of 2016 as common questions of law and facts are involved in all these writ petitions. 2. Brief facts of the cases that the Government under Punjab Irrigation & Drainage Authority Act, 1997 (PIDA Act, 1997) framed Punjab Irrigation & Drainage Authority (Farmers Organizations) Rules, 2010 and constituted Farmers Organizations (FOs) and after holding election, its members were elected for an initial…
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