Law: Constitution of Pakistan, 1973

Section: 132(3),223(2,3),185(2)(f),199(a)(i),199

Constitution of Pakistan--- ----Arts. 185(2)(f), 132(3) & 199---Constitutional petition---Maintainability---Locus standi---Concept---Aggrieved person---Advice of 'Chief Minister---Certificate under Art.185(2) f of the Constitution by High Court---Petitioner assailed advice of Chief Minister to the Governor which resulted into removal of seven ministers from provincial cabinet---Plea raised by petitioner was that being citizen of Pakistan he had a right to challenge the advice of Chief Minister, thus he was an aggrieved person within the provision of Art.199(a)(i) of the constitution and sought issuance of a certificate by High Court under Art.185(2)(f) of the Constitution---Validity---Mere status of being a citizen of Pakistan could not be considered a sufficient reason for petitioner to assail advice of Chief Minister for removal of seven ministers---Petitioner being a candidate against Chief Minister, from where the Chief Minister was declared elected, also did not clothe the petitioner with a sufficient status and qualification to challenge constitutional performance of official duties, by the Chief Minister---Concept of locus standi was not fashioned by the Courts to apply uniformly---Question of locus standi was to be determined in the light of facts of each case---Any person, in order to qualify as an aggrieved person, might not have a right in strict juristic sense but nevertheless he had to establish that some interest of his was prejudicially affected by the action assailed---Courts were reluctant to allow just a "busy body" to interfere in the matters which did not concern him directly---Petitioner could not travel beyond the concept of "professional litigant" and "meddlesome interloper" and therefore, could not be allowed to maintain petition against action of Chief Minister---Petitioner was not an aggrieved party to institute petition, therefore, High Court declined to issue him certificate in view of Art.185(2)(f) of the Constitution---Petition was dismissed in circumstances. Ikram Bus Service and others v. Board of Revenue, West Pakistan and 2 others PLD 1963 SC 564; Ch. Jalal-ud-Din and another v. Settlement Commissioner, Lahore and others…

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