Law: Punjab Municipal Act (III of 1911)

Section: 232 & 235

Law: Constitution of Pakistan

Section: 170

P L D 1957 (W. P.) Peshawar 63     (a) Punjab Municipal Act (III of 1911),   Ss. 232 & 235 ---Concurrent jurisdiction of Deputy Commissioner and Commis sioner to suspend resolution of Committee-Commissioner only confirming under S. 235 order of Deputy Commissioner-Commis sioner not a necessary party to writ petition seeking to set aside Deputy Commissioner's order suspending resolution-Civil Pro cedure Code (V of 1908), O. I, r. 3-Vice-President of Committee under whose presidentship suspended resolution was passed, whether has no locus standi to apply for writ.   The order of the Commissioner which under section 235 only confirms the order of the Deputy Commissioner suspend ing a resolution of the Municipal Committee has no basis by itself. Hence, a writ petition which asks only for setting aside the order of the Deputy Commissioner is perfectly in order, because, if, on acceptance of such a petition, the order of the Deputy Commissioner is quashed, the order of the Commis sioner automatically ceases to have any effect.   The Vice-President under whose presidentship the reso lution suspended by the Deputy Commissioner was passed is entitled to make an application for a writ to, quash the order of suspension.   (b) Natural justice----   Violated administrative by authorities consulting each other to make a decision where they are expected to take decisions independently.   When the law confers a certain power on a certain authority then it is that authority which has got to exercise it, according to the established principles of fair-play and natural justice. If it is shown that the power has been exercised by such an authority not independently, but under instructions of some superior officer, then the exercise of such authority would, in the eye of law be a nullity. It would be more so if the superior authority happens to be the authority to whom the case has ultimately to be submitted for confirmation. When the law enjoins that a certain order should not take effect until it is confirmed by another authority then the law takes a precaution that the authority passing the order and the one confirming it should…