Law: Electricity Act (IX of 1910)

Section: 36

Law: Constitution of Pakistan, 1973

Section: 9

Electricity Act (IX of 1910) S. 36---Constitution of Pakistan (1973), Art.9---Constitutional petition- Controversy with regard to legality of electricity bill---Forum to resolve-- Controversy with regard to legality or illegality of electricity bill ought to be resolved through statutory forum of Electric Inspector available under Electricity Act, 1910, and it was not proper for High Court to enter into such controversy---High Court, however, granted interim relief of immediate restoration of power supply because denial of electric power to citizens might amount to infringement of right of life guaranteed by Art.9 of Constitution of Pakistan (1973).                                                                                                                      ORDER The petitioners claim to be an Association of a Residential Project as "Messrs Erum Heights" in Gulistan-e-Jauhar, have called in question a Bill from the respondent No. 1 for Rs.6,615,000 stated to be payable by way of Electric Charges for Residential and Commercial Premises in the aforesaid Project. It is alleged that the bill is patently illegal and that an amount of Rs.5 million is already available with the respondent No.l by way of security furnished at the time of installation of power. The Respondents Nos.2 and 3 have defended the correctness of the bill and argued that the petitioners are great defaulters; however, no specific denial of the allegations of Rs.5 million available by way of security has been made. We are of the view that the factual controversy ought to be resolved through Statutory Forum of Electric Inspector available under the Electricity Act and it is not proper for this Court to enter into such controversy. However, the…