Law: Constitution of Pakistan, 1973

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

(a) Constitution of Pakistan--- ----Art.199(1)(b)(ii)---Writ of quo warranto---Exercise of jurisdiction---Pre-conditions--- High Court has been vested with jurisdiction to issue writ of quo warranto, against holder of public office, if the Court is satisfied that post is held by person who is incompetent and does not possess required qualification for post and is appointed in violation of procedure prescribed in statutes. Capt. (R) Naseem Hijazi v. Province of Punjab 2000 SCMR 1720; Munawar Ali Pathan v. Province of Sindh 2011 PLC (C.S.) 785 and Muhammad Iqbal Khattak v. Federation of Pakistan 2011 PLC (C.S.) 65 rel. (b) Constitution of Pakistan--- ----Arts. 199 (1)(a)(ii) (b)(ii)---Writ of certiorari and quo warranto---Aggrieved person is the significant distinctive fact, as writ of quo warranto can be moved by any person from public at large inclusive of aggrieved person but only an aggrieved person is competent to seek declaration in certiorari. Muhammad Farooq v. Full Bench NIRC, Islamabad 2020 PLC 175; Tredata Ireland Ltd. v. Federation of Pakistan 2020 PTD 1316; Haji Muhammad Naeem v. Siraj ud Din and others PLD 2017 Quetta 65; Blacks Law Dictionary; M/s. Hotel Summer Retreat, Nathiagali v. Government of N.W.F.P. through Secretary, C W Department Peshawar 1999 MLD 2418; M. Ghulam Nabi Awan, Advocate v. Government of Pakistan 2003 MLD 90 and English Biscuits Manufacturers (Pvt.) Ltd v. Monopoly Control Authority 2005 CLD 264 rel. (c) Constitution of Pakistan--- ----Art.199 (1)(b)(ii)---Writ of quo warranto---Pre-conditions---Essential element which gives rise to invoke jurisdiction of High Court for seeking writ of quo warranto is holing of public office by a person who either is not competent for the office or occupying the office unlawfully and without authority. Sajid Hussain v. Shah Abdul Latif University, Khairpur PLD 2012 Sindh 232 rel. (d) Federal Urdu University of Arts, Science and Technology Ordinance (CXIX of 2002)--- ----S.12---Constitution of Pakistan, Arts.199(1)(a)(ii) (b)(ii)---Constitutional petition---Writ of quo-warranto---Maintainability assailed appointment of Vice Chancellor of Federal Urdu University of Arts, Science and…

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