ORDER  SHEET

THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1270 of 2016

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Date                      Order with signature(s) of Judge(s)

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1. For hearing of CMA No.5723/2016

2. For hearing of Main Case.

14.11.2016.

The Petitioner is called absent.

Mr. Khalid Javed Khan Advocate for Respondent No.5

Mr. Sheeraz Shaukat Rajpar Advocate.

Mr. Makhdoom M. Talha Advocate.

Mr. Abdul Jaleel Zubedi A.A.G.

Shaikh Liaquat Hussain Standing Counsel.

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          The petitioner has filed this petition for quo-warranto against respondent No.5 on the ground that being a member of Senate, he cannot accept any office. Vide Notification dated 26.08.2016, respondent No.2 re-constituted the Board of Governors for Law Colleges in Karachi and respondent No.5 was appointed as Chairman. The petitioner referred to Article 63 of the Constitution of Islamic Republic of Pakistan, 1973 and prayed that on accepting the office of Chairman, Board of Governors, respondent No.5 stands disqualified and ceased to be a member of Senate. Learned counsel for respondent No.5 produced copy of resignation sent to Secretary Law Department, Government of Sindh on 18.03.2016, which shows that on account of some personal reason, respondent No.5 decided not to continue as Non-Official Member/Chairman of the Board of Governors for Law Colleges in Karachi. The learned counsel for respondent No.5 argued that the petition has become infructuous, as respondent No.5 is no more Chairman of Board of Governors. He further argued that holding of post in question does not disqualify the respondent No.5 from the seat of Senate. He has also referred to 2013 CLC 1620 (Re: Tariq Hussain v. Sarfaraz Ahmed and 4 others) and PLD 1997 SC 32 (Re: Shahid Nabi Malik v. Chief Election Commissioner, Islamabad). Pre-admission notice was issued to the respondents on 03.03.2016, thereafter, matter was adjourned to 14.10.2016 but the petitioner was called absent without any intimation and again on 03.11.2016, in the first round, the petitioner was called absent, however, in the second round, Syed Shoa-un-Nabi Advocate requested for adjournment on the ground that Mr. Muhammad Shafi Muhammadi Advocate is out of Karachi. In the interest of justice, we had adjourned this matter for today but again the petitioner is called absent nor any intimation is received which shows that he has lost interest in the matter. The petition is dismissed.

                                                                   JUDGE

                             JUDGE

Faizan/