Law:

Section:

Constitution of Pakistan (1973)-------Arts. 185 (3) & 199 (1)(b)(ii)---Constitutional jurisdiction of High Court---Writ of quo warranto---Scope---Laches---Petitioners were appointed pursuant to the advertisement in the press, after selection by District Recruitment Committee headed by Deputy Commissioner as its Chairman---Five years after the appointments of petitioners, the respondent assailed the appointments---High Court in exercise of constitutional jurisdiction allowed the petition and declared the appointments as without lawful authority---Validity---No serious defect in the appointment of the petitioners was shown from record which was brought by the Authorities---Constitutional petition was filed after a period of five years when the petitioners had already been confirmed in their appointments after successful completion of probation period---Constitutional petition suffered from gross laches without there being any justifiable explanation---Some minor irregularities in the appointment of petitioners were not sufficient for issuance of a writ of quo warranto against them---Petition for leave to appeal was converted into appeal and passed by High Court was set aside---Appeal was allowed. Hasnat Ahmed Khan, Advocate Supreme Court for Petitioners' (in C.P. No.3206/L of 2003). Muhammad Anwar Bhore, Advocate Supreme Court for Petitioners (in C.P. No.257/L of 2004). Ch. Muhammad Tufail, Advocate Supreme Court for Petitioners (in C.P. No.225/L of 2004). Mian Ghulam Hussain, Advocate Supreme Court for Respondents (in all petitions). Raja Abdur Rehman, A.A.-G., Punjab and Muhammad Anwar, Asstt. Director, Local Government, Narowal for Respondents (in all petitions). Date of hearing: 5th August, 2004. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---All these petitions for leave to appeal are directed against judgment dated 20-11-2003, passed by a learned Single Judge of the Lahore High Court, Lahore, in Writ Petition No.3410 of 2000. 2. The petitioners (in C.Ps. Nos.3206/L of 2003 and 257-L of 2004) were appointed on 1-10-1995 to the posts of Secretary, Union Council pursuant to the advertisements in the press and selection by the Recruitment Committee headed by the…

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