Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii)

(a) Khyber Pakhtunkhwa Galiyat Development Authority Act (XII of 2016)--- ----S.10 [as amended by Khyber Pakhtunkhwa Galiyat Development Authority (Amendment) Act, 2020)]---Constitution of Pakistan, Art. 199 (1)(b)(ii)---Quo warranto, writ of---Locus standi---Director General, Galiyat appointment of---Petitioner assailed appointment of respondent as Director General of Galiyat Development Authority---Validity---Any person and not necessarily an aggrieved person, can seek redressal from High Court against usurpation of a public office by a person who is holding it “without lawful authority” on that account---On such account it could not be doubted that petitioner did not have any locus standi to file petition---Respondent was serving as an officer in BPS-18 in Pakistan Railways and was posted as Director (Admn) Galiyat Development Authority in his own pay scale on deputation basis---Respondent was also given additional charge of the post of Director General Galiyat Development Authority, till further orders---Subsequently he was appointed as Director General in exercise of powers under S.10 of Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016---High Court declared that appointment of respondent was made in violation of S.10 of Khyber Pakhtunkhwa Development Authority Act, 2016, in excess of authority and the same was declared illegal, without lawful authority and of no legal effect---Constitutional petition was allowed accordingly. Arun Kumar v. Union of India and others AIR 1982 Rajasthan 67; Pir Sabir Shah v. Government of Pakistan 1994 CLC 5; Federation of Pakistan and others v. Mian Muhammad Nawaz Sharif and others PLD 2019 SC 644; Masood-ul-Hassan v. Khadim Hussain and another PLD 1963 SC 203 and Capt (Retd) Muhammad Naseem Hijazi v. Province of Punjab through Secretary, Housing and Physical Planning and 02 others 2000 SCMR 1720 ref. (b) Constitution of Pakistan--- ----Art.199(1)(b)(ii)---Quo warranto writ of---Scope---Procedure of quo warranto gives judiciary a weapon to control the Executive from making appointment to public office against law and to protect a citizen from being deprived of public office to which he has a right---Such proceedings…

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