BALOCHISTAN BAR COUNCIL vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Balochistan, Civil Secretariat S — 2024 CLD 462 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 CLD 462 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: CLD
Parties: BALOCHISTAN BAR COUNCIL vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Balochistan, Civil Secretariat S
Subject matter: Constitutional
Provisions referred to: S. 28; Balochistan Environmental Protection 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

BALOCHISTAN BAR COUNCIL VS GOVERNMENT OF BALOCHISTAN through Chief Secretary Balochistan, Civil Secretariat S. 28(2)---Balochistan Environmental Protection Tribunal Rules, 2017, R. 3(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Quo warranto, writ of---Member Environmental Protection Tribunal---Appointment---Extension in second tenure---Petitioner/Bar Council assailed extension in appointment of respondent as Member Environmental Protection Tribunal---Validity---Re-appointment of Chairperson or any member was not provided under Balochistan Environmental Protection Tribunal Rules, 2017, except to extend his tenure only once, for a period of three years---Re-appointment of respondent was not supported by any law and rules framed thereunder---Such appointment was an extension of his tenure and there was also no provision in Balochistan Environmental Protection Act, 2012 and Balochistan Environmental Protection Tribunal Rules, 2017, for further (second) extension---Such extension of respondent was violation of law and was unique example of colourful exercise of power by Chief Minister by overlooking summary and relevant law and rules---Second extension of petitioner was nullity in the eyes of law and was ab-initio void---High Court set aside notification of extension of second tenure of respondent---High Court directed Provincial Government to de-notify respondent as Member Balochistan Environmental Protection Tribunal---Constitutional petition was allowed, in circumstances.

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