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| 2024 SLG 5911 2024 SLD 5911 = 2024 PLD 129 |
Lahore High Court
Writ Petitions Nos. 5324, 5343, 5055 and 6545 of 2023, decided on 14th February, 2023.
Before Ali Baqar Najafi, Abid Aziz Sheikh, Shahid Karim, Asim Hafeez and Anwaar Hussain, JJ Per Ali Baqar Najafi, J; Abid Aziz Sheikh, Shahid Karim and Anwaar Hussain, JJ agreeing; Asim Hafeez, J., dissenting [Majority view]
Barrister Abid S. Zubairi, Ch.Muhammad Sarwar, Mian Ihsan-ul-Haq Sajid, Usama Zubair, Amna Khalili, Menahil Malik, Arif Ansari, Qazil Ali Bash, Salma Riaz, Ashhad Ali Azhar, Ali Awais, Belal Awais, Moeen Ahmad, Hassan Awais, Usman Fazal, Syed Faisal G. Meeran, Mian Haq Nawaz Saqib, Tanveer Ahmad Gill, Uzma Firdous, Muhammad Nadeem Abbasi for Petitioners (in W.Ps. Nos.5324 and 5343 of 2023). Hasham Ahmad Khan for Petitioner (in W.P. No.6545 of 2023). Ch. Rizwan Kashif Kalaar, Ch. Adnan Faiz Kalaar, Waheed Ahmad and Belal Awais for Petitioners (in W.P. No. 5055 of 2023). Ahmad Awais, Advocate General Punjab, Ghulam Sarwar Nihang, Additional Advocate General, Rai Shahid Saleem Khan, Additional Advocate General, Mustafa Imran Pasha, Additional Advocate General and Syed Abul Ali Jafari, Assistant Advocate General. Tahir Mehmood Khokhar, Additional Attorney General, Malik Javed Awan, Additional Attorney General and Mian Waseem Shahabi, Assistant Attorney General, Ch. Usman Ghani, Assistant Attorney General for Federation. Mansoor Usman Awan, Barrister Hamza Shehram Sarwar, Haris Irfan, Ms. Maham Shehzad Laun, Mian Shahzeb Quddous and Asad Zaman Tarar for
Respondents Nos. 1 and 2.
Writ Petitions Nos. 5324, 5343, 5055 and 6545 of 2023, decided on 14th February, 2023.
Before Ali Baqar Najafi, Abid Aziz Sheikh, Shahid Karim, Asim Hafeez and Anwaar Hussain, JJ Per Ali Baqar Najafi, J; Abid Aziz Sheikh, Shahid Karim and Anwaar Hussain, JJ agreeing; Asim Hafeez, J., dissenting [Majority view]
Barrister Abid S. Zubairi, Ch.Muhammad Sarwar, Mian Ihsan-ul-Haq Sajid, Usama Zubair, Amna Khalili, Menahil Malik, Arif Ansari, Qazil Ali Bash, Salma Riaz, Ashhad Ali Azhar, Ali Awais, Belal Awais, Moeen Ahmad, Hassan Awais, Usman Fazal, Syed Faisal G. Meeran, Mian Haq Nawaz Saqib, Tanveer Ahmad Gill, Uzma Firdous, Muhammad Nadeem Abbasi for Petitioners (in W.Ps. Nos.5324 and 5343 of 2023). Hasham Ahmad Khan for Petitioner (in W.P. No.6545 of 2023). Ch. Rizwan Kashif Kalaar, Ch. Adnan Faiz Kalaar, Waheed Ahmad and Belal Awais for Petitioners (in W.P. No. 5055 of 2023). Ahmad Awais, Advocate General Punjab, Ghulam Sarwar Nihang, Additional Advocate General, Rai Shahid Saleem Khan, Additional Advocate General, Mustafa Imran Pasha, Additional Advocate General and Syed Abul Ali Jafari, Assistant Advocate General. Tahir Mehmood Khokhar, Additional Attorney General, Malik Javed Awan, Additional Attorney General and Mian Waseem Shahabi, Assistant Attorney General, Ch. Usman Ghani, Assistant Attorney General for Federation. Mansoor Usman Awan, Barrister Hamza Shehram Sarwar, Haris Irfan, Ms. Maham Shehzad Laun, Mian Shahzeb Quddous and Asad Zaman Tarar for
Respondents Nos. 1 and 2.
ASHFAQ AHMAD KHARAL and 21 others---Petitioners
VERSUS
PROVINCE OF PUNJAB through Secretary, Law and Parliamentary Affairs and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 224(1),(1A),,(1B)140,25
Law: Elections Act, 2017
Section: XXXIII,230
Law: Punjab Law Department Manual, 1938
Section: 1,1,1.5,1.18
Law: Punjab Government Rules of Business, 2011
Section: 13(1),14(1),3,A,4,7A,16
(a) Words and phrases-------Care-taker---Meaning---Care-taker is a person who takes care of certain things and fulfills his responsibility so entrusted to him---Such person holds the fort to protect and discharge his assigned duties---Care-taker is the one who looks after in the owner's absence.Collins English Dictionary rel.(b) Constitution of Pakistan-------Art. 224(1), (1A) & (1B)---Elections Act (XXXIII of 2017), S. 230---Care-taker government---Object, purpose and scope---Care-taker Government is a government temporarily in power until election is held---It is a temporary Government commissioned by Governor-General or State Governor, usually for short period until stable Government can be formed---Care-taker governments are established during the time of uncertainty when it is not clear whether any party or coalition of parties is capable of forming a stable government---Care-taker governments carry on routine business of government but they are expected to refrain from making important policy decisions.Dictionary of Politics and Government Third Edition rel.(c) Punjab Law Department Manual, 1938-------Part 1, Chap. 1, Cls. 1.5 & 1.18---Elections Act (XXXIII of 2017), S. 230--Constitution of Pakistan, Art. 140---Advocate General---Appointment and functions---Dispute was with regard to removal of Advocate General of Punjab Government along with Law Officers working there by Care-taker government--Held, that dispensing with service of Law Officers is not to be necessary based upon displeasure of the Governor---Sole purpose of Care-taker government is to conduct fair and free elections---If Care-taker government was of the view that such Law Officers were not helpful in creating impression of impartiality in the mind of public, their services could be dispensed with---This was objective decision of Caretaker Chief Executive---High Court upheld the notification for removal of Advocate General Punjab and other law officers---High Court set aside notification for appointment of such new Law Officers to the extent of Law Officers who retained their offices in the political government immediately preceding the last government--Constitutional petition was…