MUBASHAR JAVED vs PROVINCE OF PUNJAB Ss — 2022 PLD 817 LAHORE-HIGH-COURT-LAHORE

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MUBASHAR JAVED VS PROVINCE OF PUNJAB Ss. 30(1) & 126---Elected representatives of the local government elected on 01-01-2017 under the Punjab Local Government Act, 2013 ('Act of 2013') for a period of five years---Term of office---Scope---Word 'term' mentioned in S. 30(1) of the Act of 2013 is fixed and definite in its nature---Said word has to be read with other provisions of the Act of 2013---Time for holding an office for a period of five years is not extendable by any means which would commence on a date on which the members / representative of local government hold their first meeting which in the case of the present petitioners was held on 01-01-2017 and the same would expire on 31-12-2021. Phrases "term of office" and "tenure of office"---Distinction---In political theory, "term of office" and "tenure of office" are terms often times contrasted with each other---Term of office refers to the period, either fixed by the Constitution or a statute, within which a public official may hold office---Tenure of office, on the other hand, is the period within which a public official actually held office within a prescribed term---In other words, term of office is fixed, while tenure of office is variable. art. 199---Constitutional jurisdiction of the High Court---Scope---High Court cannot assume jurisdiction in a matter already pending before the Supreme Court. Scope---When a party takes an inconsistent position in the same case or in a prior case, the principle of judicial estoppel applies---Judicial estoppel is an equitable doctrine which precludes a party from taking inconsistent positions before the Court---Under the doctrine of judicial estoppel a court can stop a party from taking up contradictory stances if it is clearly inconsistent with the previous position taken by that party before another Court---When a party puts forth a position, as a matter of fact in one case and is successful in that assertion, that party is estopped from asserting a different position on the same facts in the second case.

MUBASHAR JAVED vs PROVINCE OF PUNJAB Ss — 2022 PLD 817 LAHORE-HIGH-COURT-LAHORE

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