Case Details

Citation(s)
2025 SLG 3325 2025 SLD 3325
Peshawar High Court
Abdus Samad Khan Vs Government of Khyber Pakhtunkhwa through Secretary LG&RDD, Peshawar etc.
AURANGZEB, J.
JUDGMENT For petitioner(s): Mr. Masood-ur-Rehman Wazir Advocate For respondent(s): Mr. Naiib Ullah, A.A.G. (for official respondents) For respondent No.5: Mr. Muhammad Usman Khan Advocate Date of hearing: 12.02.2025

Abdus Samad Khan

VS

Government of Khyber Pakhtunkhwa through LG&RDD, Peshawar, etc.

Law: Constitution of Pakistan, 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: 2,11

Law: Qanun-e-Shahadat Order, 1984

Section: 114

Law: Specific Relief Act, 1877

Section: 42, 54

REMARKS

Writ Petition
Held: The petitioner had multiple remedies available to him: either to institute a civil suit under the provisions of Section 42 read with 54 of the Specific Relief Act, 1877, or to petition this Court under Article 199 of the Constitution. The petitioner chose to avail himself of the remedy of filing a civil suit before the civil court for the same cause of action, which was dismissed. By electing to proceed before the civil court, the petitioner stood precluded under the doctrine of election from invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution.

Summary:
The petitioner challenged the appointment of respondent No.5 as Village Secretary, alleging fraudulent domicile and violation of merit. However, since the petitioner had already filed and lost a civil suit for the same cause of action, the court applied the doctrine of election and dismissed the writ petition as not maintainable.

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