Law: Constitution of Pakistan, 1973

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

State-Owned Enterprises (Governance and Operations) Act (VII of 2023)---

----Ss.15 & 16---Constitution of Pakistan, Art. 199(1)(b)(ii)---Chairperson of Sui Southern Gas Company Ltd. (SSGCL), appointment of---Quo warranto, writ of---Pre-conditions--- Disqualification---Proof---Onus to prove---Petitioner assailed appointment of respondent as Chairperson of SSGCL, a state-owned Company---Validity---Held, that question involved was whether appointment of respondent fell within the ambit of Art. 199(1)(b)(ii) of the Constitution and principles and prerequisites relating to writ of quo warranto---In principle, writ of quo warranto can be instituted by a person, though he may not come within the meaning of words aggrieved person---To maintain a writ of quo warranto there is no requirement for an aggrieved person and a whistle-blower need not be personally aggrieved in the strict sense and may relay information to Court to inquire from the person holding public office---At the same time, it was essential to see whether petitioner had placed any material before High Court to attract Art.199(1)(b)(ii) of the Constitution and whether respondent lacked qualification, skill, competence, and experience to hold subject post and whether respondent was a Member of Majlis-e-Shoora and could not hold any other public office---Petitioner was not able to establish that respondent suffered from any inherent disqualification---It was for the petitioner to satisfy the High Court that appointment of respondent as Chairperson by Prime Minister was tarnished by favouritism and cronyism---Other than oral assertions and unsubstantiated allegations nothing was placed on record to support such assertion---For holding of election for appointment of Board of Directors of SSGCL it was for the competent authority to take steps in accordance with law---High Court declined to interfere in appointment of respondent as Chairperson of SSGCL---Constitutional petition was dismissed, in circumstances.

Messrs Rashid Silk v. Farooq Ahmed and others 2013 SCMR 268; Jawad Ahmed Mir v. Prof Dr Imtiaz Ali Khan and others 2023 SCMR 162; Shahid Pervez v. Ejaz Ahmed and others 2017 SCMR 206; Muhammad Nawaz Sharif v. President of Pakistan and others PLD 1993 SC 473; Muhammad Yasin v. Federation of Pakistan and others PLD 2012 SC 132; Khawaja Muhammad Asif v. Federation of Pakistan and others PLD 2014 SC 206; Bank of Punjab v. Haris Steel Industries (Pvt.) Ltd. PLD 2010 SC 1109; Abid Hussain v. The State PLD 1994 SC 641; Watan Party and another v. Federation of Pakistan and others PLD 2011 SC 997; Federation of Pakistan v. Munir Hussain Bhatti and others PLD 2011 SC 752 and Ghulam Rasool v. Government of Pakistan PLD 2015 SC 6 ref.