Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Quo warranto, writ of-Scope--Any person can apply for writ of quo warranto and he need not be an aggrieved person or party---Writ of quo warranto is directed against a person holding, or purporting to hold, public office---Every member of public at large is regarded as having an interest in ensuring and / or demanding that a public office is or be held by a person having lawful authority to do so---Writ of quo warranto is discretionary i.e. that Court is not bound to grant relief sought even, if petitioner makes out a case and may withhold the writ in appropriate circumstances---Authority purporting to appoint respondent to public office need not be a party to proceedings for the writ to issue. Pakistan Tobacco Board and another v. Tahir Raza and others 2007 SCMR 97 rel. (b) Constitution of Pakistan--- ----Art. 199---Writ of quo warranto, issuance of---Pre-conditions---Writ of quo warranto would (unless withheld at Court's discretion) be issued, if the Court is satisfied that anyone or more of the mentioned elements are missing, namely that (a) respondent holds public office by order or decision of an authority competent to so appoint him : (b) he was appointed in prescribed manner (and if appointment is at the discretion of appointing authority, that discretion was lawfully exercised): (c) he could have been appointed to the office (e.g. that he had the requisite qualification and was not otherwise disqualified): and he was entitled to continue holding the office. Muhammad Shafique Raja v. Province of Punjab and others 1991 CLC 617 rel. (c) Sindh Local Government Ordinance (XXVII of 2001)--- ----Ss. 12, 13, 26, 27, 28 & 30(2)---Constitution of Pakistan, Arts.199 & 212---Quo warranto, petition for.---Maintainability---Additional or acting charge basis appointment of---Appointment in District office---Petitioner assailed appointment of respondent to hold as additional charge of the post of Executive District Officer Education, which appointment was made by District Coordination Officer---Plea raised by authorities was that jurisdiction of High Court was barred in view of the…

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