Law: Constitution of Pakistan

Section: 170

Law: Bengal Village Self-Government Act (V of 1919)

Section: 10(B),17(B)

  Constitution of Pakistan, Art. 170 - Mandamus to restore to office-Can only issue if office is of a public nature and is vacant-Office of President of Union Board-Of public nature.   Before a mandamus to restore to office will issue, the conditions that must be satisfied are: (1) that the office must be shown to be an office of a public nature and (2) that the office must be vacant or, at any rate, not filled by any person claiming a bona fide title thereto.   An office created by statute, as that of the President of a Union Board under the Bengal Village Self-Government Act, 1919, is an office of a public nature.   If the office of President is occupied by a person after he has faced the electorate for election to the Board and then has been elected to the President-ship of the Board, though there is some procedural error in the election proceedings, the office is held under a claim of right and not under a colour-able title. In such a case the office cannot be said to be vacated and mandamus will not issue till the incumbent is dislodged by proper proceedings as those for a writ of quo warranto.   Bengal Village Self-Government Act (V of 1919), Ss. 10-B & 17-B-Provision for cash security mandatory Security         deposited         in         Pakistan         Savings Certificates-Election invalid even though deposit of Certificates was in accordance with directions of authorities-Election set aside by writ of quo warranto-Constitution of Pakistan, Art. 170.   Held, that the provision in section 10-B, Bengal Village Self-Government Act, 1919, requiring a cash security with the filing of nomination papers for election, is mandatory and not of a directory nature.   Where, in total disregard of the mandatory provision of section 10-B, securities were deposited not in cash but in the shape of Pakistan Savings Certificates, even though such deposit was in accordance with the directions of authorities, and the result of the election was materially affected, in that, some intending…