Law:

Section:

Cantonments Act (II of 1924)-------S. 14(1)---Law Reforms Ordinance (XII of 1972), S. 3---Constitution of Pakistan (1973), Art. 199---Constitutional 'petition---Notification issued under S. 14(1), Cantonments Act, 1924---Validity of notification challenged in Constitutional petition---Notification dated 22-2-1995 issued by Federal Government in pursuant of S.14. Cantonment Board declaring that it was desirable to vary Constitution of Cantonment Board "R" for a period of one year, was declared to be mala fide and unlawful by Single Bench of High Court in its Constitutional jurisdiction---Validity---No material was before Federal Government for issuance of notification in question---Perusal of original file indicated that on basis of letter by one of the Members of Cantonment Board for disqualification of another member on pretext of his political affiliation, Federal Government had formed opinion that environment of Cantonment Board had become highly politicised causing hindrances in administration of Cantonment Board---In addition, President, Cantonment Board considering the situation highly politicised had recommended to Federal Government for variation of constitution of Cantonment Board, whereupon notification in question was issued---Members of Cantonment Board having been elected by people their political affiliation could not be curbed by such method---Mere political affiliation of any member of Cantonment Board would not disqualify him from his membership---Action taken by Government would amount to defranchise constituencies of elected Members---Such punitive step could not be allowed in absence of justifiable material---No material for variation of Cantonment Board, having been placed on record, issuance of impugned notification was unjustified and unlawful---Action taken by Federal Government was, thus, unwarranted---Order passed by Single Bench whereby order passed by Federal Government in terms of notification of specified date was declared to be mala fide and unlawful was affirmed in circumstances. Muhammad Ayaz Khan and 6 others v. The District Magistrate, Batagram and another 1995 P,Cr.LJ 587; PLD 1978 SC 40; Ahmad Fahim Mughal v Muhammad Saleem…

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