Law: State Bank of Pakistan Act, 1956

Section: 9(2)(c),10(3)(4),(10),11(3)(a)

Law: Constitution of Pakistan, 1973

Section: 48,199

State Bank of Pakistan Act, 1956-- ----Ss. 9(2)(c), 10(3)(4), (10), 11(3)(a)--Constitution of Pakistan, 1973, Arts. 48 & 199--Constitutional petition--Appointment of Governor State Bank of Pakistan--Resolution by senators against appointment--Infructuous--Violation of--Obligation of--Powers of President--Maintainability--Challenge to--For this Court to hold that Governor, S.B.P. could only have been appointed under Section 11(3)(a) of B.N. Act by Federal Government (and not by President) and that too only if he is a professional banker and his name is included in list of panel of bankers maintained by S.B.P--There was nothing preventing President to have made appointment of a Governor, S.B.P. after a competitive process--However, since statute in question did not obligate President to make said appointment through a competitive process, or to advertise said post, Respondent No. 2's appointment cannot be held to be unlawful--If petitioners feel so strongly about this, they being Parliamentarians ought to initiate a legislative process to amend S.B.P. Act so as to provide for a criteria for appointment of Governor, S.B.P. and for such an appointment to be made through a competitive process--Since presently no requirement to advertise post of Governor, S.B.P. has been stipulated in Section 10(3) of S.B.P--I hold that Respondent No. 2's appointment as Governor, S.B.P. cannot be held to have been made without authority of law, or in other words, contrary to relevant statutory provisions--Therefore, essential pre-requisite for issuance of a writ of quo warranto is not satisfied--Consequently, this petition is dismissed with no order as to costs--Petition was dismissed. 2014 SCMR 1630, 2013 SCMR 1062, 1998 SCMR 2419, PLD 1969 SC 241 & 2010 CLD 1572, ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE---.--- The petitioners, who on the day of the filing of the instant petition were members of the senate of Pakistan ("Senate"), impugn the appointment of Mr. Tariq Bajwa (Respondent No. 2) as Governor of the State Bank of Pakistan ("S.B.P"). 2. The record shows that vide notification dated 07.07.2017, the President of Pakistan ("the president") in exercise…

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