| Case ID |
30cdb4a0-fc87-4bde-9572-10575ad33ddf |
| Body |
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| Case Number |
Intra-Court Appeals Nos. 120 to 123 of 1996 and Wr |
| Decision Date |
Sep 25, 1996 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the cancellation of the cattle market auction by the Chief Minister, determining that the auction was void due to procedural irregularities. The Chief Minister's action was justified as it addressed complaints regarding financial misconduct and ensured the correct operation of local government functions. The court emphasized that the financial interests of the public were paramount and that the auction's validity was compromised by not adhering to the stipulated notice period for the auction. The judgment affirmed that the leases granted at significantly lower amounts than market value were unjust and constituted ill-gotten gains, necessitating intervention under Article 199 of the Constitution. |
| Summary |
This case concerns the legality of an auction for cattle market rights in Mandi Bahauddin, which was cancelled by the Chief Minister due to allegations of irregularities. The Lahore High Court ruled that the auction was void ab initio because it was conducted without proper notice, violating the Punjab Local Council (Lease) Rules. The court highlighted the importance of transparency and accountability in local governance, particularly regarding public funds. The decision reinforced the authority of the Provincial Government to oversee local councils and rectify wrongdoings, ensuring that public interests are protected. This ruling is significant for ensuring adherence to legal procedures in local government operations and safeguarding against financial losses in public dealings. The court's emphasis on the need for proper auction procedures serves as a precedent for future cases involving local government auctions. |
| Court |
Lahore High Court
|
| Entities Involved |
Provincial Government,
Local Council
|
| Judges |
MUNIR A. SHEIKH,
M. JAVID BUTTAR
|
| Lawyers |
Dr. M. Mohy-ud-Din Qazi,
Syed Nadeem Saqlain,
Muhammad Yawar Ali Khan, Add1.A.G.
|
| Petitioners |
ABDUL HAMEED
|
| Respondents |
4 others,
DEPUTY COMMISSIONER/ADMINISTRATOR, ZILA COUNCIL MANDI BAHAUDDIN
|
| Citations |
1997 SLD 646 = 1997 CLC 540
|
| Other Citations |
Yousaf Ali v. Muhammad Aslam Zia and 2 others PLD 1958 SC (Pak.) 104,
Javaid Iqbal Abbasi & Company v. Province of Punjab and 6 others 1996 SCMR 1433
|
| Laws Involved |
Punjab Local Government Ordinance (VI of 1979),
Punjab Local Council (Lease) Rules, 1990,
Constitution of Pakistan (1973),
Law Reforms Ordinance (XII of 1972)
|
| Sections |
153,
R. 5,
Art. 199,
S. 3
|