Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii),5,199,4,5

Law: Pharmacy Act, 1967

Section: 26,34,26(2)

(a) Constitution of Pakistan--- ----Art.199(1)(b)(ii)---Quo warranto, writ of---Essential conditions for issuance stated. In order to challenge the occupation of the public office, the petitioner must have rights in present and secondly the person whose appointment is challenged must be holding office when the petition is brought before this Court and thirdly such person is not qualified to hold such office. In the present case, the respondent was not holding any public office at the time when the present petition was brought to High Court, therefore, writ of quo warranto on this ground alone failed and was dismissed. Capt. Retd. Muhammad Naseem Hijazi v. Province of Punjab 2000 SCMR 1720 rel. (b) Pharmacy Act (XI of 1967)--- ----Ss. 26 & 34---Constitution of Pakistan, Arts. 5 & 199---Constitutional petition---Notification issued by Provincial Pharmacy Council prescribing fee for registration of pharmacist including fee for renewal and issuance of verification letter---Petitioner's plea was that no bye-laws had yet been framed, thus, the Council had no power to prescribe such fees except its President---Validity---Pharmacy Council with prior approval of Provincial Government had powers under S.34 of Pharmacy Act, 1967 to frame bye-laws for carrying out its purposes including matters contained in S.26(2) thereof---Council, in absence of such bye-laws, had no authority to prescribe fees in terms of S.26(2) of the Act---Public functionaries being repository of public trust had to adhere to Constitution and law stringently---Thing required/ prescribed by law to be done in a particular manner must be done in such manner, and any violation thereof would amount to stepping over authority rendering such act to be without lawful authority---High Court accepted constitutional petition in circumstances. (c) Constitution of Pakistan--- ----Arts. 4 & 5---Constitution and law, obedience to---Obligations of public functionaries stated. Under Article 5 of the Constitution of Islamic Republic of Pakistan, obedience to the Constitution and law is the inviolable obligations of every citizen and public functionaries are no exception and on the contrary public…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492