Lahore High Court cannot Exercise Suo Moto Powers under Article 199 --- LHC Division Bench Sets Aside Single Judge’s Order on NADRA Chairman’s Appointment
Islamabad 27-02-2025: In a significant ruling, the Lahore High Court’s Division Bench, comprising Mr. Justice Ahmad Nadeem Arshad and Mr. Justice Ch. Muhammad Iqbal, has set aside the judgment dated September 6, 2024, which declared the appointment of Chairman National Database and Registration Authority (NADRA) unlawful. The Intra-Court Appeal [ICA No. 53628/2024], filed by the Federation of Pakistan, challenged the Single Judge’s decision, arguing that the appointment was made in accordance with the National Database and Registration Authority Ordinance, 2000 and the Rules of Business, 1973.
The Court ruled that the Caretaker Government, under Section 230 of the Elections Act, 2017, had the authority to amend rules necessary for governance. The amendment of Rule 7A in the NADRA (Appointment and Emoluments of Chairman and Members) Rules, 2020 was deemed valid.
The judgment emphasized that the Lahore High Court does not have suo moto powers under Article 199 of the Constitution. The Single Judge had exceeded judicial limits by invalidating the rule amendment and appointment despite the fact that the newly elected Federal Government had ratified the changes. The Court relied on Supreme Court precedents, including:
- Federal Government Employees Housing Authority Vs. Ednan Syed (2024 SCMR 1258)
- Dr. Imran Khattak Vs. Sofia Waqar Khattak (2014 SCMR 122)
The Court held that a writ of quo warranto could only be entertained if an appointment violated statutory provisions. Since the subsequent government had confirmed the appointment via a fresh notification on March 28, 2024, the original [Writ Petition No. 12091/2024] had become infructuous.
Final Verdict:
- The Intra-Court Appeal was allowed.
- The judgment dated September 6, 2024, was set aside.
The [Writ Petition No. 12091/2024] was dismissed.
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