Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan---Art.199---Constitutional petition---Maintainability---Cooperative Society, writ against---Registered Cooperative Society incorporated under relevant law is not a “person” within the meaning of word as provided in Art.199 of the Constitution, inasmuch as it does not carry out affairs of Federation, Provincial Government or Local Authority. Human Rights Case No. 13316-P of 2018 in C.M.A. No. 58 of 2020 rel. (b) Federal Ombudsman Institutional Reforms Act (XIV of 2013)---S.12---Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order (P.O. 1 of 1983), Ss.12 16---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Order of Wafaqi Mohtasib (Ombudsman)---Compliance---Remediess were members of a cooperative housing society and their grievance was with regard to providing of public railway level crossing---Wafaqi Mohtasib had already passed directions in favour of cooperative society and against Railway authoritiess sought compliance of order passed by Wafaqi Mohtasib---Validity---Decision of Federal Ombudsman in favour of Society had attained finalitys were to seek its implementation before Federal Ombudsman, which office had jurisdiction even to initiate contempt proceedings and to punish for contempt as provided in Contempt of Court Ordinance, 2003, under S.12 of Federal Ombudsman Institutional Reforms Act, 2013, as well as under section 16 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983--- Defiance of recommendation under S.12 of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, could lead to appropriate action against delinquent public servant of the Agency i.e. Pakistan Railwayss who were members of the Society in the garb of having fundamental rights did not have locus standi to enforce agreement which had already attained finalitys could approach their Society for doing the needful in implementation of findings / recommendations of Federal Ombudsman pursuant to its orders, if the same had not been done till then--- Constitutional petition was dismissed accordingly. Naimatullah Khan Advocate and others v. Federation of Pakistan and others 2020 SCMR 622;…

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