Law: Constitution of Pakistan, 1973

Section: 139,199

Law: Punjab Government Rules of Business, 2011

Section: 3,4

(a) Constitution of Pakistan--- ----Arts. 139 & 199---Punjab Government Rules of Business, 2011, Rr. 3, 4 & First Sched. Entry No. 30---Provincial Government---Exercise of executive authority per Constitutionally mandated Rules of Business by Provincial Government---Conduct of business of Provincial Government---Formation of a "Planning and Development Board" by Provincial Government---Undertaking projects of Provincial Government by such "Planning and Development Board"---Scope---Question before High Court was whether formation of "Planning and Development Board" by Provincial Government, which was not a department/autonomous body/"attached department" under Punjab Government Rules of Business, 2011; could undertake business and execute projects of Provincial Government---Held, that after promulgation of Punjab Government Rules of Business, 2011 by Provincial Government upon mandate conferred upon it by Art. 139 of Constitution, such "Planning and Development Board" could not undertake projects which fell within the domain of "Planning and Development Department" of Provincial Government instead---Punjab Government Rules of Business, 2011 did not designate any such Board, which was merely a board in name or an empty shell and same could not embark upon undertaking a number of projects and schemes for which it had no mandate---By undertaking projects, the impugned "Planning and Development Board" bypassed long-standing and established Provincial Government departments which were designated under the Punjab Government Rules of Business, 2011---High Court held that formation of "Planning and Development Board" by Provincial Government was not in conformity with Art. 139(3) of Constitution and the Punjab Government Rules of Business, 2011 framed thereunder, and same was dissolved accordingly, with direction to transfer business of said Board to Planning and Development Department of Provincial Government---Constitutional petition was allowed, accordingly. Dr. Shehla Waqar and another v. Azad Government of the State of Jammu and Kashmir through Chief Secretary and others 2010 PLC (C.S.) 416; Messrs Mustafa Impex, Karachi and others v. The Government of Pakistan…

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