| Citation(s) |
|---|
| 2026 SLG 2111 2026 SLD 2111 = 2026 SHC 550 |
C.P.No.D-769 of 2023
Presented By: MR. JUSTICE ADNAN-UL-KARIM MEMON, J. MR. JUSTICE ZULFIQAR ALI SANGI, J.
Date of hearing : 03.03.2026 Date of order : 03.03.2026 Mr. Muhammad Arshad Khan Tanoli, Advocate for the petitioner. Mr. Ayan Mustafa Memon, Advocate for the
Respondent Nos.2, 3 and 4. Mr. Talha Abbasi, Advocate for
Respondent Nos.6 and 8. Mr. Azain Memon, Advocate for
Respondent Nos.7 and 10 Mr. Ali Safdar Depar, AAG.
[Afzal Hussain Baloch
VS
Province of Sindh and others]
Law: Constitution of Pakistan, 1973
Section: 199(1)(b)(ii)
Summary of Case
This constitutional petition was filed under Article 199(1)(b)(ii) of the Constitution of Pakistan, 1973 seeking a writ of quo warranto against appointments made in the NICVD (a statutory body under the NICVD Sindh Administration Act, 2014). The Petitioner alleged that Respondents No. 6 to 11 were appointed in violation of advertised qualifications, statutory rules, and audit observations, and therefore were holding public offices without lawful authority.
The Respondents defended the appointments, arguing they were made through proper advertisement, selection committees, and governing body approval, and that the petition was hit by delay and laches. They further contended that the audit material relied upon (PDPs) was preliminary and non-final, and could not invalidate appointments.
The Court held that: