Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Controversy between the parties revolved around some factual controversies, which could not be resolved through the course of Constitutional jurisdiction---On the one hand the petitioners were making allegations against respondent while on the other hand, the respondent was also levelling serious allegations against the petitioners---Provincial Government had categorically stated that government functionaries were not concerned with the dispute along with the petitioners and respondent---Jurisdiction of High Court under Art.199 of the Constitution could not be exercised, in circumstances. THIS ORDER PASSED BY: HAFIZ TARIQ NASIM, J.--- This writ petition is filed with the prayer that "while accepting this writ petition, it be declared that the respondent No.3 cannot become the member of A.P.C.A. nor can hold any office of A.P.C.A., especially the Central Chairman being non-member of A.P.C.A. Pakistan and an officer working in BPS-17, consequently, all acts, deeds nominations, representations and actions taken by and on behalf of respondent No.3 may be declared as illegal, unlawful, arbitrary self-styled, mala fide, against the Constitution of all Pakistan Clerks Association (A.P.C.A), without any lawful authority and of no consequence. It is further prayed that the respondents Nos.2 and 3 may be directed to take legal action against the respondent No.3, who is illegally taking part in the activities of A.P.C.A. Pakistan while posing showing and representing to be Central Chairman of A.P.C.A. Pakistan. It is further prayed that till the pendency of writ petition, the respondent No.3 may be restrained from interfering in the legal activities of A.P.C.A., in any manner whatsoever." 2. Petitioner No.1 argued the case at length and submits that respondent No.3 is an Officer of Grade-17, cannot interfere in the petitioners' union but with ulterior motive and mala fide intention he has divided the petitioners'…

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