Law: Balochistan Local Government Act, 2010

Section: V,80

Law: Constitution of Pakistan, 1973

Section: 18,199

Both citations are included as they are officially referenced, reinforcing the legal precedent that executive actions must be justified by law and subject to judicial review, with any violation of fundamental rights being declared void.(a)    Balochistan Local Government Act (V of 2010)-------S. 80---Constitution of Pakistan, Art.18---Freedom of trade, business or profession---Business of selling and purchasing of vehicles in show rooms---Sealing of vehicle show rooms of the petitioners without any regulation and licensing system---Legality---Trade of selling and purchasing vehicles and establishing motor show rooms was not within the purview of S.80 of the Balochistan Local Government Act, 2010 (Act) and Schedule, thus, restriction imposed by the District Administration was not only illegal, but also amounted to violation of the fundamental rights of the citizens guaranteed by the Constitution--Without any provision of granting license in the Act for running business of motor show rooms, and on highly misconceived grounds, the motor show rooms of the petitioners were sealed---Constitutional petition was allowed, in circumstances, after obtaining affidavits from the petitioners to the effect that their business would not disturb the road traffic in any manner.(b)    Constitution of Pakistan-------Art. 199---Mala fide action of Executive---Judicial review---Scope---Executive has no inherent power except what is conferred on it by law---Every executive action must be justified by disclosure of the powers so vested in the Executive under the law and can always be subject to judicial scrutiny---All such actions must not only necessarily be intra vires the law i.e. the statute or regulations, whereunder they are purportedly taken, but at the same time such actions must be free from mala fide of fact and law---If any law is promulgated in derogation of fundamental rights, it would be declared void because at the cost of fundamental rights guaranteed by the Constitution, the executive Government is not empowered to frame a policy.Pakistan Muslim League (N) through Khawaja Muhammad Asif, M.N.A. and others v. Federation of…

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