TARIQ MEHMOOD ARYANI vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2021 MLD 2035 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 2035 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: TARIQ MEHMOOD ARYANI vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss
Subject matter: Constitutional
Provisions referred to: S. 19; S. 12; Ushr Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TARIQ MEHMOOD ARYANI VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 12, 14 & 19---Necessary parties, non-impleading of---Petitioner was Chairman District Zakat and Ushr Committee and he was aggrieved of notification removing him from the seat--- Validity--- Khyber Pakhtunkhwa Zakat and Ushr Council while exercising powers under S.19(3)(e) & (f) of Khyber Pakhtunkhwa Zakat and Ushr Act, 2011, passed resolution for removal of petitioner from his position as that of Chairman---Petitioner did not array the Council which was constituted under S.12 of Khyber Pakhtunkhwa Zakat and Ushr Act, 2011, nor any act of the Council was challenged before High Court--- Remedy of review was provided under S.19(18) of Khyber Pakhtunkhwa Zakat and Ushr Act, 2011, that when any person was aggrieved from decision of the Council, he could file application for review of the order but no such review was filed by petitioner---When a remedy by way of review was available to petitioner, he could better seek the remedy--- High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances.

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