Law: Electricity Act (IX of 1910)

Section: 26

Electricity Act (IX of 1910)--- -.---S. 26(6) --- Constitution of Pakistan (1973), Art.199 --- Constitutional petition ---Decision rendered by Provincial Government in terms of S.26(6), Electricity, Act, 1910, deemed to be final --- Provincial Government's decision being in favour of petitioners, Authorities failed to implement the same-- Remedy --- Law having conferred finality on decision by Provincial Government. Such decision could be implemented by Provincial Government --- High Court observed that petitioners would move Provincial Government itself for seeking due implementation/compliance with its decision and that such decision would be duly given effect to within period of a fortnight of petitioner's so moving the Government. Abdul Bari v. Government of Pakistan PLD 1981 Kar. 290 and Sindh Employees' Social Security v. Adamjee Cotton Mills Ltd. PLD 1975 SC 31 ref Abul inam for Petitioners, ORDER I to 5. The case of the petitioners, shortly, is that a non-executory decision was rendered by the Secretary to the Government of Sindh in the Irrigation and Power Department in the exercise of powers of the Provincial Government conferred by section 26(6) of the Electricity Act, 1910, which inter alia, opens the channel of approach to the Provincial Government, "where the Electric Inspector fails to decide the matter of difference or dispute within the said period or where either the licensee or the consumer declines to accept the decision of the Electric Inspector", the matter being made referable to the Provincial Government "whose decision shall be final". It is maintained that in spite of the Provincial Government opining in favour of the petitioners on such reference as aforesaid, per order dated 20-3-1993, the respondents   Nos.2 and 3 have failed to act upon the directives embodied in such order. Hence the present petition has been brought, the learned counsel saying that the Provincial Government even though accorded finality in its decision has not been empowered to implement its own decision. Attention of the learned counsel was drawn to an argument raised in Abdul Bari v. Government of Pakistan, PLD 1981 Karachi…