PARVAIZ AKHTER BHATTI vs FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad art — 2022 PLC(CS) 1035 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 1035 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: PARVAIZ AKHTER BHATTI vs FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad art
Subject matter: Constitutional
Provisions referred to: S. 166---Q; S. 166

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

PARVAIZ AKHTER BHATTI VS FEDERATION OF PAKISTAN through Secretary Cabinet Division, Islamabad art. 199---Companies act (XIX of 2017), S. 166---Qanun-e-Shahadat (10 of 1984), arts. 117 & 120---Constitutional petition---Quo warranto---Onus to prove---Dispute was with regard to appointment of respondent as acting Managing Director of Pakistan Television Corporation---Petitioners contended that respondents nominated by Federal Government were not selected through any public advertisement nor from data bank maintained by Security and Exchange Commission of Pakistan in terms of S. 166 of the Companies act, 2017---Validity---Initial onus was shifted upon respondents / Federal Government to demonstrate that discretionary power exercised by Federal Government before nomination of respondents was considered through a structured concept---Evidence to that extent was to be brought on record, otherwise it would be considered that all respondents were nominated through arbitrary manner on the whims and caprice of Federal Government.

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