| Citation(s) |
|---|
| 2001 SLG 2801 2001 SLD 2801 2001 PLD 344 |
Sindh High Court
Constitutional Petitions Nos. D-4, 15, .16, 17, 25, 28, 32, 33, 34, 35, 38, 39, 54, 56, 64, 73, 78, 82, 113, 119, 129, 131, 140, 142, 143, 144, 159, 164, 168, 188, 199, 200, 201, 202, 218, 243, 245, 261, 269, 270, 271,. 272, 278, 299, 304, 312, 314, 326,
SAIYED SAEED ASHHAD, C.J. AND MUHAMMAD AFZAL SOOMRO, J
Constitutional Petitions Nos.D4, 15, .16, 17, 25, 28, 32, 33, 34, 35, 38, 39, 54, 56, 64, 73, 78, 82, 113, 119, 129, 131, 140, 142, 143, 144, 159, 164, 168, 188, 199, 200, 201, 202, 218, 243, 245, 261, 269, 270, 271,. 272, 278, 299, 304, 312, 314, 326, 34
Constitutional Petitions Nos. D-4, 15, .16, 17, 25, 28, 32, 33, 34, 35, 38, 39, 54, 56, 64, 73, 78, 82, 113, 119, 129, 131, 140, 142, 143, 144, 159, 164, 168, 188, 199, 200, 201, 202, 218, 243, 245, 261, 269, 270, 271,. 272, 278, 299, 304, 312, 314, 326,
SAIYED SAEED ASHHAD, C.J. AND MUHAMMAD AFZAL SOOMRO, J
Constitutional Petitions Nos.D4, 15, .16, 17, 25, 28, 32, 33, 34, 35, 38, 39, 54, 56, 64, 73, 78, 82, 113, 119, 129, 131, 140, 142, 143, 144, 159, 164, 168, 188, 199, 200, 201, 202, 218, 243, 245, 261, 269, 270, 271,. 272, 278, 299, 304, 312, 314, 326, 34
STANDARD CHARTERED BANK
VS
Karachi ELECTRIC SUPPLY CORPORATION LTD through Managing Director
Law: Regulation of Generation, Transmission And Distribution of Electric Powers Act, 1997
Section: 46(2)(e),46
(a) Constitution of Pakistan (1973)--- ----Art.199---Constitutional petition---Maintainability---General rule of resorting to alternate, adequate and efficacious remedy by the aggrieved party---Exceptions. A rule has been established, by virtue of which a party aggrieved of any order of a public functionary has to seek remedy through the forum provided under the Statute under which the public functionary was exercising powers, if a forum is provided thereunder. It is only after the legal remedy, available to an aggrieved party has been exhausted that he would have the right to invoke the Constitutional jurisdiction of High Court. However, an exception has been made to this general rule of resorting to alternate, adequate and efficacious remedy. This exception relates to an action and/or order of a public functionary, which on the face of it appears to be illegal, unlawful and void. Bar for invoking the writ jurisdiction of High Court would not be applicable where the impugned order was challenged on the basis of lack of jurisdiction. It was not an absolute rule of law barring jurisdiction but a rule by` which Court regulated its jurisdiction and further that if the order of the statutory body was challenged on the ground that it was wholly without authority, partial, unjust and mala fide then the High Court would not refuse to exercise its jurisdiction in spite of the fact that the aggrieved party had appropriate or adequate remedy available to him for correction thereof. Interference by High Court in a Constitutional petition was possible, if the impugned order sought to be challenged was palpably illegal, mala fide and beyond jurisdiction irrespective of the fact that alternate statutory remedy was available to the aggrieved party. A Constitutional petition would be maintainable without exhausting all the available remedies if the order was passed by a forum or authority by exceeding its jurisdiction. If the order or action complained of was so patently illegal, void or wanting in jurisdiction that any further recourse to alternative remedy may only be counter-productive and by invocation of Article 199 the mischief could forthwith be nipped in the bud then…
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