RASHEED AHMED KHAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Ss — 2023 CLC 219 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 219 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: RASHEED AHMED KHAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Ss
Subject matter: Constitutional
Provisions referred to: S. 15-E; S. 13-; S. 14

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

RASHEED AHMED KHAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence Ss.13-a, 14 & 15-E (1) proviso---Constitution of Pakistan, arts.140-a & 199---Constitutional petition---Local government---Cantonment Board---Varying constitution of Board---Principle---Petitioners assailed notification of nomination of members of Cantonment Board on the plea that such power could not be invoked on expiry of election tenure and elected members could not be dislodged who were to continue under S.15-E of Cantonments act, 1924---Validity---Power once devolved under art. 140-a of the Constitution, and assumed by elected representatives, could not be withdrawn through any administrative or legislative action unless tenure for which they were elected was over---Notification was not issued in consonance of valid principles and conditions---after insertion of art.140-a in the Constitution, elected members, as envisaged in S.13-a of Cantonments act, 1924, could only be replaced by members to be nominated under S.14 of Cantonments act, 1924---Such nomination could only be made if Federal Government was satisfied that reasons or circumstances existed, which were prejudicial to or were hampering basic purpose of the statute to quarter the Regular Forces---High Court set aside notification issued under S.14 of Cantonments act, 1924, as the same was issued without lawful authority---High Court directed that members already notified under S.13-a of Cantonments act, 1924, would continue to hold their respective offices under proviso to S. 15-E(1) of Cantonments act, 1924---High Court directed Federal Government to ensure elections of Cantonment Boards throughout the country expeditiously---Constitutional petition was allowed accordingly.

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