GHULAM MURTAZA vs FEDERATION OF PAKISTAN, through Secretary Establishment, Government of Pakistan Ss

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GHULAM MURTAZA VS FEDERATION OF PAKISTAN, through Secretary Establishment, Government of Pakistan Ss.3(3) & 3(4)---Constitution of Pakistan, Arts. 4 & 199 (1)(b)(ii)--- Civil Procedure Code (V of 1908), S. 35 (1)(i)---Quo-warranto, writ of---Mala fide---Effect---Cost of litigation, awarding of---To be dealt in accordance with law---Petitioner assailed appointments of respondent made by Federal Government---Plea of petitioner was that the appointments were not made in transparent manner---Validity---Purpose of a writ of quo warranto under Art. 199(1)(b)(ii) of the Constitution is to ensure that no person continues to wield authority in the name of state when there is no power vested in such person by law to wield such authority---Paramount purpose is to give effect to Art. 4 of the Constitution, which guarantees that individuals are to be dealt with in accordance with law--- Public office holder can exercise only such authority as is vested in him or her by law---No citizen can be prevented from doing something by a public office holder which is not prohibited by law or compelled to do anything which is not required by law--- Court must at the outset satisfy itself that a petition of quo warranto has not been filed for any collateral purpose with an oblique motive---No one, who is seeking either to besmirch character of a public official or to pursue any other insidious purpose by abusing process of Court, is allowed to avail constitutional remedy of quo warranto and embarrass Court proceedings in the process---In the present case there was lack of bona-fide on part of the petitioner and petition was not maintainable against two respondents who were no longer holding any office with the Authority--- High Court declined to indulge in exercise of legality or lack thereof of appointments of other respondents after finding that the petition was not maintainable---High Court imposed cost of litigation of respondents upon petitioner---Constitutional petition was dismissed accordingly.

GHULAM MURTAZA vs FEDERATION OF PAKISTAN, through Secretary Establishment, Government of Pakistan Ss — 2023 PLC(CS) 1188 ISLAMABAD

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