| Citation(s) |
|---|
| 2007 SLG 719 2007 SLD 719 2007 PLD 191 2007 PLJ 588 |
Lahore High Court
Writ Petition No. 18810 of 2005, heard on 18th October, 2006. dates of hearing: 26th September, 5th, 9th, 16th and 18th October, 2006
MIAN HAMID FAROOQ, J
Shahid Maqbool along with Petitioner. Rizwan Mushtaq Asstt. A.G. for
Respondent No. 1 along with Saghir Ahmed, S.O. (Cabinet) S&GAD. Muhammad Shahzad Shaukat for
Respondent. Munib Iqbal for Farrukh Mehmood Shah. Taseen Gardezi for Makhdoom Ali Akbar and M
Writ Petition No. 18810 of 2005, heard on 18th October, 2006. dates of hearing: 26th September, 5th, 9th, 16th and 18th October, 2006
MIAN HAMID FAROOQ, J
Shahid Maqbool along with Petitioner. Rizwan Mushtaq Asstt. A.G. for
Respondent No. 1 along with Saghir Ahmed, S.O. (Cabinet) S&GAD. Muhammad Shahzad Shaukat for
Respondent. Munib Iqbal for Farrukh Mehmood Shah. Taseen Gardezi for Makhdoom Ali Akbar and M
SHAH AHMAD KHAN
VS
GOVERNMENT OF PUNJAB through Chief Secretary, Punjab and another
Law: Constitution of Pakistan, 1973
Section: 139(3),63(b),260,129,130,137,248,93,57,1 99(1)(b)(ii),98(2)(b),199(1)(a),184(3),9 3(2),93(1)
Law: Punjab Advisors (Salary, Allowances and Privileges) Ordinance, 2002
Section: 3
Law: Civil Procedure Code (V of 1908)
Section: OrderXXVII-A,Rule1
Law: Punjab Government Rules of Business, 1974
Section: 6A
(a) Punjab Advisors (Salary, Allowances and Privileges) Ordinance (LXXVII of 2002)--- ----S. 3---Punjab Special Assistants (Salary, Allowances, and Privileges) Ordinance (LXXVI of 2002), .S.3---Rules of Business {Punjab), 1974, Rr.2 & 6-A---Notification No.SO/(CAB11) 2-3/03(A) dated 15-3-2005---Civil Procedure Code (V of 1908), O.XXVII-A, R.1---Constitution of Pakistan (1973), Arts. 199, 129, 130, 137, 139(3), 248, 98(2), 93 & 260---Constitutional petition---Appointments of Advisors/Special Assistants to Government of Punjab by Chief Minister---Writ of quo warranto---Locus standi to file---Status of petitioner to challenge unlawful acts of government before superior Courts---Scope---Notice not issued to Attorney General---Effect---Powers of Chief Minister to appoint Advisors---Extent---Chief Minister not to appoint Advisors/Special Assistants to Government of Punjab but only to himself---Chief Minister not to appoint Advisors and Special Assistants more than 5 in each category---Scope---Appointment of persons who were convicted by Supreme Court in contempt of Court proceedings---Effect---Punjab Advisors and Punjab Special Assistants Ordinances, 2002---Purpose and object---Petitioner through constitution petition challenged the appointment of one of the respondents as Advisor to Chief Minister, Punjab, on grounds; that under Arts. 130 & 139(3) of the Constitution Governor/Chief Minister was not empowered to appoint Advisors and any such authority to make such appointments was absent in the Constitution; that under Art. 93 of the Constitution the President might, on advice of Prime Minister, appoint not more than five Advisors; that respondent was involved in criminal cases; that respondent was convicted by Supreme Court under Art.204 of the Constitution for raising banners and slogans against judiciary and that he had no extraordinary specialisation in any field, therefore, he was not entitled to hold any public office---Petitioner also challenged Notification No.SO/(CAB 11). 2-3/03(A) dated 15-3-2005 qua appointment of respondent/Advisor---0n Court's suo motu action Advocate-General submitted before the Court list of incumbent Advisors to Chief…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492