Law: Constitution of Pakistan, 1973

Section: 4,25,199

Khyber Pakhtunkhwa Establishment of District Development Advisory Committee Act (IV of 1989)--- ----S. 3---Constitution of Pakistan, Arts. 4 & 199---Constitutional petition---Development fund---Distribution---Principle---Petitioner was Member Provincial Assembly and his grievance was that authorities had not provided him development fund---Validity---All elected representatives had equal right to allocation of funds, specially, development funds---Any deviation amounted to discrimination and against fundamental and legal rights of elected representatives and even inhabitants of their constituency---Government/public functionaries were bound to function in good faith, honestly and within parameters of its power and person concerned should be treated in accordance with law as guaranteed by Art.4 of the Constitution---Constitutional petition was allowed in circumstances. Writ Petition No. 4264-P of 2015 and Pir Imran Sajid and others v. Managing Director/General Manager (Manager Finance) Telephone Industries of Pakistan, 2015 SCMR 1257 ref. THIS JUDGMENT PASSED BY: WAQAR AHMAD SETH, JUSTICE:---.--- Sahibzada Sanaullah, Member Provincial Assembly, PK-93 Upper Dir, hereinafter called the petitioner, has invoked the writ jurisdiction of this Court under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973 with the prayer to declare the discrimination in allocation of funds in the constituency of petitioner i.e. PK-93 in comparison to others as illegal, unconstitutional, void ab initio and direct the respondents to treat it at par / equal with others constituencies qua distribution of funds in all ADPs, in the interest of justice. 2. Facts, in brief relevant for the disposal of this writ petition are that, petitioner who is a returned candidate hailing from PK-93 Dir Upper, alleges that in General Election of 2013, one Behram Khan was declared as returned candidates and he remained as Member Provincial Assembly for sufficient time and being in alliance with the Government almost in all ADPs/developmental schemes/projects equal allocation of funds were granted/released to him/PK-93, which is evident from revised umbrella PC-1 ADP No. 732/150205…

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