| Case ID |
d5372064-5e72-4e30-83f1-f058d7b7f021 |
| Body |
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| Case Number |
Civil Appeal No. 17 of 1961 |
| Decision Date |
Mar 18, 1963 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal brought by Masudul Hassan against an order of the High Court, which had refused to issue a writ of mandamus to remove Khadim Hussain from membership of the Town Committee. The Court held that since the order of dismissal was deemed to be a nullity due to lack of jurisdiction in the Municipal Committee President, the appeal did not establish a legal right for the petitioner to demand the removal of another committee member. The decision emphasized that the principles governing the issuance of a writ of mandamus require a clear legal right vested in the applicant, which was not present in this case. The Court also noted that a writ of quo warranto could have been sought, but the burden of proof remained on the petitioner to demonstrate Khadim Hussain's disqualification, which was not satisfactorily met. Consequently, the appeal was dismissed without any order as to costs. |
| Summary |
This case involves an appeal by Masudul Hassan against a High Court decision that denied his request for a writ of mandamus to remove Khadim Hussain from the Town Committee. The Supreme Court examined the legal principles surrounding the issuance of such writs, particularly focusing on the necessity for the applicant to possess a legal right to compel the performance of a duty by a public authority. The Court determined that the dismissal of Khadim Hussain from the Municipal Committee was invalid due to jurisdictional issues and that the petitioner did not demonstrate a direct legal interest in enforcing Husain's removal. The ruling underscores the significance of proper legal standing in administrative proceedings and the discretionary nature of writs, particularly in cases involving public office. The appeal ultimately highlighted the procedural complexities inherent in municipal governance and the legal standards required for challenging the validity of public office holders. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. Cornelius, C.J.,
S. A. Rahman,
Fazle-Akbar
|
| Lawyers |
Abdul Rashid Advocate Supreme Court,
Ihsanul Haq Advocate Supreme Court
|
| Petitioners |
Masudul Hassan
|
| Respondents |
Khadim Hussain
|
| Citations |
1963 SLD 501,
1963 PLD 203
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1956),
Basic Democracies Order, 1959,
Elective Bodies (Disqualification) Order 1959
|
| Sections |
Art. 160,
Art. 170,
Section 25(2)(a)
|