Case Details

Citation(s)
2024 SLG 196 2024 SLD 196 2024 SLD 129
Lahore High Court
Writ Petitions Nos. 5324, 5343, 5055 and 6545 of 2023,decided on 14th February, 2023.Per Ali Baqar Najafi, J;Abid Aziz Sheikh, Shahid Karim and Anwaar Hussain, JJagreeing; Asim Hafeez, J., dissenting [Majority view]
Before Ali Baqar Najafi, Abid Aziz Sheikh, Shahid Karim, Asim Hafeez and Anwaar Hussain, JJ

ASHFAQ AHMAD KHARAL and 21 others---PetitionersVersusPROVINCE OF PUNJAB through Secretary, Law and Parliamentary Affairs and others---Respondents

Law:

Section:

(a) Words and phrases--- ----Care-taker---Meaning---Care-taker is a person who takes care of certain things and fulfills his responsibility so entrusted to him---Such person holds the fort to protect and discharge his assigned duties---Care-taker is the one who looks after in the owner's absence. Collins English Dictionary rel. (b) Constitution of Pakistan--- ----Art. 224(1), (1A) & (1B)---Elections Act (XXXIII of 2017), S. 230---Care-taker government---Object, purpose and scope---Care-taker Government is a government temporarily in power until election is held---It is a temporary Government commissioned by Governor-General or State Governor, usually for short period until stable Government can be formed---Care-taker governments are established during the time of uncertainty when it is not clear whether any party or coalition of parties is capable of forming a stable government---Care-taker governments carry on routine business of government but they are expected to refrain from making important policy decisions. Dictionary of Politics and Government Third Edition rel. (c) Punjab Law Department Manual, 1938--- ----Part 1, Chap. 1, Cls. 1.5 & 1.18---Elections Act (XXXIII of 2017), S. 230---Constitution of Pakistan, Art. 140---Advocate General---Appointment and functions---Dispute was with regard to removal of Advocate General of Punjab Government along with Law Officers working there by Care-taker government---Held, that dispensing with service of Law Officers is not to be necessary based upon displeasure of the Governor---Sole purpose of Care-taker government is to conduct fair and free elections---If Care-taker government was of the view that such Law Officers were not helpful in creating impression of impartiality in the mind of public, their services could be dispensed with---This was objective decision of Care-taker Chief Executive---High Court upheld the notification for removal of Advocate General Punjab and other law officers---High Court set aside notification for appointment of such new Law Officers to the extent of Law Officers who retained their offices in the political government immediately preceding the last government---Constitutional petition…
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