| Citation(s) |
|---|
| 1959 SLG 18 1959 SLD 18 1959 PLD 76 |
Lahore High Court
Writ Petitions Nos. 518, 520 and 521 of 1958, decision Date : 13th September, 1958. Dates of hearing: 17 6 1958, 18 6 1958, 19 6 1958, 20 6 1958, 23 6 1958, 24 6 1958 and 25 6 1958.
B. Z. KAIKAUS, JUSTICE, MUHAMMAD YAQUB ALI, JUSTICE
A. K. Brohi, M. Mushtaq Hussain, Kh. Abdur Rahim, Sh. Khurshid Ahmad and Malik Muhammad Bashir for Petitioner 1. Faiyaz Ali, Attorney General, Mian Mushtaq Ahmad A. G., Ch. Nazir Ahmad and M. Ismail Bhatti for Province of West Pakistan etc.
Writ Petitions Nos. 518, 520 and 521 of 1958, decision Date : 13th September, 1958. Dates of hearing: 17 6 1958, 18 6 1958, 19 6 1958, 20 6 1958, 23 6 1958, 24 6 1958 and 25 6 1958.
B. Z. KAIKAUS, JUSTICE, MUHAMMAD YAQUB ALI, JUSTICE
A. K. Brohi, M. Mushtaq Hussain, Kh. Abdur Rahim, Sh. Khurshid Ahmad and Malik Muhammad Bashir for Petitioner 1. Faiyaz Ali, Attorney General, Mian Mushtaq Ahmad A. G., Ch. Nazir Ahmad and M. Ismail Bhatti for Province of West Pakistan etc.
CH. QASEEM UD DIN, (EX COUNCILLOR, CITY OF LAHORE CORPORATION) AND ANOTHER
VS
(1) THE PROVINCE OF WEST PAKISTAN (2) THE CITY OF LAHORE CORPORATION (3) SYED HADI ALI SHAH AND 59 OTHERS
Law: Constitution of Pakistan, 1973
Section: 102
(a) Constitution of Pakistan (1956), Art. 102 Governor's power to promulgate Ordinances Conditions precedent Satisfaction of Governor (Cabinet) and existence of emergency Courts can go into question of motive or mala fide, promulgation of Ordinances (per Kaikaus, J.) (Yaqub Ali, J. contra) Punjab and North West Frontier Province Municipal and District Boards Laws (West Pakistan Amendment) Ordinance (XI of 1958) West Pakistan Local Authorities Election Commission Ordinance (XII of 1958)¬ City of Lahore Corporation (West Pakistan Amendment) Ordi¬nance (XYI of 1958) Promulgated mala fide and therefore appointments of Administrative Committees void (per Kaikaus, J., Yaqub Ali, J., contra) Constitution of Pakistan (1956), Arts. 71 (7), 213. Writ Petition No. 518 of 1958 challenged the validity of West Pakistan Local Authorities Election Commission Ordinance (XII of 1958) and City of Lahore Corporation (West Pakistan Amendment) Ordinance (XVI of 1958) by which the Provincial Government had indefinitely postponed elections to the Corpora¬tion of the City of Lahore and had substituted in place of the Corporation a body which consisted solely of persons nominated by the Provincial Government. The main ground of attack was that the promulgation of the Ordinances was a part of the election campaign of the Republican Party for the coming general elections to the country, which, it was said, was a gross abuse of power. In Writ Petitions Nos. 520 and 521 of 1958, similar action of the Provincial Government in respect of the District Boards by means of Punjab and North West Frontier Province Municipal and District Boards Laws (West Pakistan Amendment) Ordi¬nance (XI of 1958) and the afore mentioned Ordinance X11 of 1958 was the subject of attack. The main question underlying the petitions was whether an Ordinance promulgated by the Governor under Article 102 of the Constitution was liable to attack on the ground of mala fides ¬that the Governor was not satisfied at all of the existence of any emergency nor was he legislating in order to meet the emergency, and that the promulgation was an abuse of power. Held (per Kaikaus, J., Yaqub Ali, J., contra) that the Court could go…
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