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SOHAIL AHMED vs Haji SHAFQAT ALI R — 2021 SCMR 1336 SUPREME-COURT

Case information

Citation
2021 SCMR 1336 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SOHAIL AHMED vs Haji SHAFQAT ALI R

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

SOHAIL AHMED VS Haji SHAFQAT ALI R. 17--Lambardar, appointment of---Process of appointment lacking bona fides---Record showed that there were only two contenting candidates for the position of Lambardar; one from the Chak for which the Lambardar was required to be appointed and the second candidate i.e. the petitioner, who was from a different Chak and was facing criminal cases---Further it was not clear from the record as to whether both the Chaks shared common boundaries---Candidate who appeared to be more suitable for the position being from the same Chak and having land holding therein not only surreptitiously withdrew from the contest but transferred some of his holdings in favour of the petitioner entitling him for the post---Moreover address of the petitioner given in the memo of the present petition demonstrated that even till date the petitioner was a non-resident of the Chak for which the Lambardar was required on basis of which the respondent argued that petitioner was an absentee Lambardar---In the present case, the intrigue appointment of petitioner with no contesting candidate from the village and suppression of the fact that the father of the respondent had been performing the duties of Lambardar for quite some time after the death of the regular Lambardar showed lack of bona fides on part of the petitioner---High Court had rightly set aside the appointment of petitioner as Lambardar and directed initiation of fresh process of appointment---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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