Law: Punjab Local Government Ordinance (VI of 1979)

Section: 21

Law: Constitution of Pakistan, 1973

Section: 199 (1), 2A, 62 S'c 63

Law: Representation of the People Act, 1976

Section: 12(2)

(a) Constitution of Pakistan (1973)---Arts. 199 (1), 2A, 62 S'c 63---Punjab Local Government Ordinance (VI of 1979), S.21(l)(f)---Representation of the People Act (LXXXV of 1976), S.12(2)---Constitutional petition---Rejection of nomination papers of candidate for election on ground of being a defaulter---Amendment in Representation of the People Act, 1976 pertaining to defaulters through successive Ordinances did not survive but the postulates of Arts. 62 & 63 of the Constitution remained applicable in view of S.21(1)(f) of the Punjab Local Government Ordinance, 1979 which remained on the statute book---High Court, though agreed with the technical plea with regard to the non-survival of Ordinance amending the Representation of the People Act, 1976, on the subject of default but found justice and fairplay coming in the way of petitioner---Principle that the High Court is not bound to issue an order in the nature of a writ even against a void order, if it comes to the conclusion that the order otherwise promoted justice, was reiterated and relief refused accordingly---Validity---Held. regard for public welfare being the supreme law, relief under Art. 199 (1) of the Constitution of Pakistan being, discretionary High Court was vested with the power to decline relief sought in circumstances-=-Principles with reference to different provisions of the Constitution elaborated. The declarations, prohibitions, directions or requisitions in contemplation of Article 199(1) of the Constitution are essentially discretionary in nature: Discretion of the Court, however, is always exercised along sound judicial lines. Constitutional jurisdiction is designed to advance justice and cater to the various fundamentals enshrined in the Constitution on the one hand and dictates of Lulu on the other. Where law, in the abstract, is banked upon in order that the Constitutional remedy be extended, the underlying principles and salient features or prominent characteristics of the Constitution, one of which is an undiluted and unpolluted democratic form of the polity, cannot be ignored or even side-tracked. Much as the rule of natural justice viz. audi alteram partem, such features…