Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii),199(1)(a)(i),(ii),(c)

(a) Constitution of Pakistan-------Art. 199(1)(b)(ii)---Territorial jurisdiction of High Court---Scope---Writ of quo warranto---Maintainability---Appointment of respondent as a Member and then Chairman of National Tariff Commission (NTC) on the same day was challenged through a constitutional petition in the Lahore High Court---Validity---Words "within the territorial jurisdiction of the Court holding or purporting to hold public office" would lead to the ineluctable conclusion that for the purpose of writ of quo warranto, a person against whom, constitutional petition had been filed, must be holding or purporting to hold public office within the territorial jurisdiction of that Court---Respondent was holding the post of Member and Chairman NTC at Islamabad and was not holding or purporting to hold a public office within the territorial jurisdiction of High Court in Province of Punjab---Court had to see what was the dominant object of filing of writ petition---Neither impugned notifications were issued by Punjab Government nor respondent was holding a public office in the Province of Punjab, thus, the dominant object of filing the writ petition being at Islamabad and not Lahore, constitutional petition was not maintainable at Lahore on such score---Constitutional petition was dismissed, in circumstances.Messrs Madni Paper Mart, through its Proprietor Irshad Ahmad and another v. Federation of Pakistan and others Writ Petition No. 3965 of 2023 ref.Sandalbar Enterprises (Pvt.) Ltd v. Central Board of Revenue and others PLD 1997 SC 334 and Mirza Luqman Masud v. Government of Pakistan and others 2015 PLC (C.S.) 526 rel.Shahid Mehmood Khan v. Federation of Pakistan Writ Petition No.18698 of 2016 and Musa Raza v. Federation of Pakistan and others Writ Petition No.1091-P of 2017 distinguished.(b) Constitution of Pakistan-------Arts. 199(1)(a)(i), (ii), 199(1)(b)(ii) & 199(1)(c)---Territorial jurisdiction of High Court---Scope---Terms "performing functions within the territorial jurisdiction of the Court" and "holding or purporting to hold public office within territorial jurisdiction"---Scope---Term "performing functions within the territorial jurisdiction of the…