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ABDULLAH MALIK vs PROVINCE OF THE PUNJAB Ss — 2023 CLC 1193 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 CLC 1193 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
CLC
Parties
ABDULLAH MALIK vs PROVINCE OF THE PUNJAB Ss
Subject matter
Constitutional
Provisions referred to
S. 3---C; S. 6; S. 7; Law Reforms Ordinance (XII of 1972); Neglected Children 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

ABDULLAH MALIK VS PROVINCE OF THE PUNJAB Ss.6 & 7---Punjab Government Rules of Business, 2011, Seventh Sched., Pt. A, Item No. 14---Constitution of Pakistan, Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Chairperson, office of---Pleasure post---Scope---Intra-court appeal---Writ of Quo Warranto---Appellant assailed the dismissal of his constitutional petition whereby he had challenged the appointment of the private respondent as non-official Member and Chairperson of the Board of Governors, Child Protection and Welfare Bureau---Validity---Appointment of the Chairperson of the Board of Governors of the Bureau is regulated under S.6 of the Punjab Destitute and Neglected Children Act, 2004, which provides that the Government shall appoint the Chairperson of the Board from amongst the members---Chairperson holds office during the pleasure of the Government and may resign from his office---Similarly, S.7 of the Act provides that a Member holds office during the pleasure of the Government---Said provisions indicate that the positions of member of the Board and the Chairperson of the Board are purely pleasure posts and appointments to these positions are made by the Chief Minister at his discretion---There is no requirement for advertisement before making such appointments---To invoke the constitutional jurisdiction of the High Court, one must establish that his legal or fundamental rights have been violated and he must have a locus standi or be an aggrieved party---Appellant in this case was neither aggrieved nor had a locus standi to invoke the constitutional jurisdiction of the court as the appointment process was conducted in compliance with the provisions of the Act---Intra-court appeal was dismissed.

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