| Citation(s) |
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| 2026 SLG 4199 = 2026 SLD 4199 |
Writ Petition No.5588-P/2025
Presented By: (FARAH JAMSHED) JUDGE
Date of hearing: 22.01.2026. For petitioner: Mr. Ali Azim Afridi, Advocate (in person). For Provincial Govt: Mr. Wiqar Orakzai, AAG. For respondents: M/S Shumail Ahmad Butt, Bashir Khan Wazir, Barrister Ibrahim Khan Afridi, Waqar Ahmad Khan, Advocates. Research Assistance: Riaz Aslam Daavi, SRO, PHCP
“Ali Azim Afridi
VS
. Syed Wiqar Shah & othersâ€
Law: Constitution of Pakistan 1973
Section: 199(1)(b)(ii)
Tagline
A writ of quo warranto cannot be used to challenge ordinary service matters or administrative irregularities; the petitioner must establish a clear violation of a mandatory law/rule or an essential disqualification of the public office-holder, and must approach the Court bona fide.
Precise Facts
Respondent No. 1, Syed Wiqar Shah, was serving as Special Secretary in the Khyber Pakhtunkhwa Provincial Assembly Secretariat.
His earlier deputation/absorption had been challenged in W.P. No. 2512-P/2018, and the earlier arrangement was declared unlawful by the Court on 13.11.2018.
Subsequently, however, Respondent No. 1 was freshly appointed after a recruitment/advertisement process in 2019. His position was later upgraded, he was deputed to PIPS, repatriated, accepted against the upgraded post, and ultimately promoted from BPS-20 to BPS-21.