Citation Name: 2023 PLD 187 PESHAWAR-HIGH-COURTBookmark this Case MUDASSAR WAKEEL vs GOVERNMENT OF KHYBER PAKH

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Citation Name: 2023 PLD 187 PESHAWAR-HIGH-COURTBookmark this Case MUDASSAR WAKEEL VS GOVERNMENT OF KHYBER PAKHTUNKHWA Delegated legislation---Vires, determination of---Delegated legislation can be declared as illegal only where it is established that it is repugnant to any settled and well-established principle of statute or result of excessive delegation---Such legislation cannot be struck down mainly on the ground that it is mala fide or unreasonable and there are strong presumptions that it can be misused. Citation Name: 2023 PLD 187 PESHAWAR-HIGH-COURTBookmark this Case MUDASSAR WAKEEL VS GOVERNMENT OF KHYBER PAKHTUNKHWA S. 102a [as inserted by Khyber Pakhtunkhwa Minerals Sector Governance (amendment) act (XLVI of 2019)]---Khyber Pakhtunkhwa Mines and Minerals appellate Tribunal Rules, 2022, Rr. 3 & 5---Khyber Pakhtunkhwa Mines and Minerals appellate Tribunal Rules ('the Rules')---Vires of---Petitioners assailed composition of Khyber Pakhtunkhwa Mines and Minerals appellate Tribunal, wherein Secretary to Government of Khyber Pakhtunkhwa was designated as Chairman of the Tribunal---Validity---Previous appellate Forum was converted into appellate Tribunal---appeal, which was previously heard by Secretary as authority, was made further judicious by constituting appellate Tribunal consisting of a Chairman and two Members---Secretary of Minerals Development Department of Provincial Government had multifarious functions under Khyber Pakhtunkhwa Mines and Minerals act, 2017 and could be appointed as appellate authority---This was no ground to discard Khyber Pakhtunkhwa Mines and Minerals appellate Tribunal Rules, 2022, because prior to Khyber Pakhtunkhwa Minerals Sector Governance (amendment) act, 2019, it was only Secretary to Government of Khyber Pakhtunkhwa Minerals Development Department who used to hear appeals as an appellate authority---Vires of Khyber Pakhtunkhwa Mines and Minerals act, 2017, had never been questioned before High Court---There was no provision in Khyber Pakhtunkhwa Mines and Minerals act, 2017, which was violated in any manner while framing Khyber Pakhtunkhwa Mines and Minerals appellate Tribunal Rules, 2022, pertaining to composition of appellate Tribunal---High Court declined to interfere in the matter---Constitutional petition was dismissed, in circumstances.

Citation Name: 2023 PLD 187 PESHAWAR-HIGH-COURTBookmark this Case MUDASSAR WAKEEL vs GOVERNMENT OF KHYBER PAKHTUNKHWA Delegated legislation — 2023 PLD 187 PESHAWAR-HIGH-COURT

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