| Citation(s) |
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| 2025 SLG 4426 2025 SLD 4426 = 2025 CLC 1562 |
Lahore High Court, Multan Bench, Multan
Writ Petition No. 9661 of 2009, heard on 27th February, 2024.
Before Anwaar Hussain, J
Abdul Rasheed Sheikh for Petitioner. Imran Khan, Assistant Advocate General , Sahibzada Muhammad Saleem, Assistant Advocate General, Haji Muhammad Aslam Malik, Advocate/Legal Advisor, M.C., Dera Ghazi Khan and Muhammad Asif Malik for
Respondents. Riaz Ahmad, SLO, Local Government South Punjab, Bahawalpur and Muhammad Falak Sher, Senior Clerk, M.C. Dera Ghazi Khan for
Respondents.
Writ Petition No. 9661 of 2009, heard on 27th February, 2024.
Before Anwaar Hussain, J
Abdul Rasheed Sheikh for Petitioner. Imran Khan, Assistant Advocate General , Sahibzada Muhammad Saleem, Assistant Advocate General, Haji Muhammad Aslam Malik, Advocate/Legal Advisor, M.C., Dera Ghazi Khan and Muhammad Asif Malik for
Respondents. Riaz Ahmad, SLO, Local Government South Punjab, Bahawalpur and Muhammad Falak Sher, Senior Clerk, M.C. Dera Ghazi Khan for
Respondents.
MUHAMMAD IFTIKHAR ---Petitioner
VERSUS
GOVERNMENT OF PUNJAB through Secretary Local Government and Community Development Department Punjab, Lahore and another --Respondents
Law: Punjab Local Government Ordinance, 2001
Section: XIII,142
Law: Punjab Local Government (Auctioning of Collection Rights) Rules, 2003
Section: 13(3)
Law: Constitution of Pakistan, 1973
Section: 199
Punjab Local Government Ordinance (XIII of 2001) [Since repealed]-------S. 142---Punjab Local Government (Auctioning of Collection Rights) Rules, R.13(3)---Rule 13(3) of Punjab Local Government (Auctioning of Collection Rights)Rules, 2003, vires of---Offer of contract, cancellation of---Required amount, nondepositing of---Terms of auction / contract---Applicability---Petitioners were aggrieved of cancellation of their contracts by authorities for non-depositing of required amount---Validity---Earnest / security money under Punjab Local Government (Auctioning of Collection Rights) Rules, 2003 is received as measure to ensure that serious contenders participate in auction and if successful bidder fails to enter into a contract and does not deposit balance amount in accordance with terms and conditions, the earnest / security money stands forfeited---Earnest / security amount deposited prior to holding of auction was justifiable in terms of R. 13(3) of Punjab Local Government (Auctioning of Collection Rights) Rules, 2003--Any contractual violation subsequent to execution of contract was to be resolved as per mechanism provided under the contract (including arbitration clause) and not by terms of auction---High Court declared that provision of R. 13(3) of Punjab Local Government (Auctioning of Collection Rights) Rules, 2003, was not ultra vires to the Punjab Local Government Ordinance, 2001---Constitutional petition was dismissed, in circumstances.Province of Sindh v. Public at Large PLD 1988 SC 138; Meenakshinada Deikshtar v. Murugesa Nadar and another AIR 1970 Madras 391 (V 57C 116) and Space Telecom (Private) Limited, Lahore v. Pakistan Telecommunication Authority, Islamabad through Chairman 2019 SCMR 101 ref.Date of hearing: 27th February, 2024.JUDGMENTANWAAR HUSSAIN, J.---The present as well as connected petition bearing W.P. No.6114 of 2014 are simultaneously being decided through this common judgment as vires of sub-rule (3) of Rule 13 of the Punjab Local Government (Auctioning of Collection Rights) Rules, 2003 ("Rules") have been challenged in both the petitions, whereby, the cancellation of the offer of contract awarded is presumed by the conduct of the…