Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan--- ----Art.199---Constitutional petition---Quo-warranto writ of---Mala fide of petitioner---Scope---Petitioner serving as Director General (Design) in the Capital Development Authority (CDA) sought issuance of a writ of quo warranto to remove the respondent from the post of Chairman, CDA---Contention of petitioner, inter alia, was that the respondent could not have been appointed as Chairman, CDA, since he was already serving as Chief Commissioner, ICT and that the appointment was in violation of S.6(2) of the Capital Development Authority Ordinance, 1960, which provided that the Chairman was to be appointed from amongst the members of the CDA Board---Validity---Chairman, CDA, had issued a show-cause notice to the petitioner; Chairman, CDA, was the administrative head of the organization which had conducted a fact-finding inquiry against the petitioner and had given findings adverse to his interests; and a criminal complaint was also filed by the CDA against the petitioner---Petition was vexatious and spirited by personal vendetta---High Court had to be prudent and careful to see that the person who approached the Court was acting bona fide and not for personal gain or oblique consideration---Constitutional petition was dismissed in limine with costs despite the fact that notice was not issued to the respondents---Capital Development Authority was directed to deduct the costs from the salary of the petitioner and deposit the same in the Government treasury---High Court clarified that a bona fide litigant could challenge the legality of appointment of Chairman, CDA and the judgment was not to be treated as a verdict on the legality of the impugned notification. Muhammad Arif v. Uzma Afzal 2011 SCMR 374; Dr. Azim-ur-Rehman Khan Meo v. Government of Sindh 2004 SCMR 1299; Ashok Kumar Pandy v. The State of West Bengal AIR 2004 SC 280; Dr. Muhammad Tahir-ul-Qadri v. Federation of Pakistan PLD 2013 SC 413 and Aziz-ur-Rehman Ch. v. M. Nasiruddin and others PLD 1965 SC 236 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction---Discretionary jurisdiction---Conduct of petitioner---Scope---High Court's power under Art.…

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