Law:

Section:

Punjab Local Government Ordinance (VI of 1979)-------S.156---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Bias---Effect---Hearing of appeal by Commissioner who had himself participated in original proceedings as Administrator of Municipal Corporation--­Commissioner at relevant time having been appointed as Administrator, was running affairs of Municipal Corporation, interest of Municipal Corporation was, thus, the interest of Commissioner---Commissioner, was therefore, not qualified to function as Appellate Authority against order/decision of Administrator, Municipal Corporation---Principle of bias was, thus, fully attracted in such matter---Impugned orders passed by Commissioner as Appellate Authority were declared to have been passed without lawful authority and were quashed---Cases pending before Commissioner in appeal wherein he had participated in original proceedings were directed to be sent to Government under S.156, Punjab Local Government Ordinance, 1979 for decision in accordance with law. K. R. Bhaskarananda v. State of Karanataka AIR 1990 Kant. 181; Cases and Materials on Indian Administrative Law by M. P. Jain, 1994 Edn., Vol.l; Mubarik Bhatti v. Fayyaz Ali Khan PLD 1963 Lah.8; King v. Salford Assessment Committee Ex parte Odgen (1937) 2 KB 1; Muhammad Shafi v. Mauj Din S&RC and others and R. v. East Karrier Justice QBD 144 ref. JUDGMENT This judgment will govern seven Constitution petitions/namely Writ Petition Nos. 16154, 17067, 17068, 17069 of 1993, 8245 and 8246 of 1994 and 3350 of 1995. All of these petitions arise out of order passed by learned Commissioner, Sargodha Division, Sargodha/Appellate Authority, dated 19-10-1993. Dr. Mohy-ud-Din Qazi, Senior Advocate entered appearance in Constitution Petition No.16154/1993 and maintained that his arguments be considered in all the remaining petitions. The learned counsel for the parties, also, agreed that the aforesaid petitions are inter-connected and assail the vires of order of Commissioner, dated 19-10-1993 and so be disposed of through single judgment. All these petitions, therefore, are being adjudicated upon through common judgment with the consent of the…

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