Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioners seek issuance of a writ of quo warranto against Respondents No, 1 to 4 by calling upon them and to explain that under what law and authority the respondents have taken over the charge of Punjab Public Library and Respondent No, 4 is occupying the office of Chief Librarian.
2. The brief facts relevant for the disposal of this petition are that Punjab Public Library is a non- Government Organization and registered body under The Societies Registration Act, 1860. The control and management of PPL has vested in the Managing Committee comprising of 22 members and 2700 Life Members are in fact custodian of the PPL Lahore. The Punjab Public Library is old and biggest public library of Pakistan established in the year 1884 and had sufficient material of rare books, documents of archival value viz, official reports, magazines, gazettes, gazetteers, newspapers, periodicals and other records of historical nature for readers as well as literary needs of scholars, teachers, students, research workers and general public, which remains open to the Public-at-large from 8:00 am to 7:00 pm. It is mentioned in the writ petition that the Library is being run under the Constitution of the PPL, Lahore which is Annexure-B, which provides the preamble, aims and objects of the Library. The claim of the petitioner. is that the Managing Committee has been elected till 31st March of next year. After the election of six life members of the Managing Committee, Constitution of the Managing Committee was notified vide notification dated 4.06.2008 wherein 10 Ex-Officio Members, 6 Elected life members and 6 Scholars members nominated by the Government of Punjab were included. Thereafter in a meeting of the Managing Committee held on 23.06.2008 apart from other business, standing committees, i,e,, the Executive Committee, the Finance Committee and Book Purchase Committee decided that the Standing Committees will elect their own Chairman. According to the decision of Managing Committee, the Executive Committee elected its Chairman namely Mr. Zaheer Ahmad Meer, the Finance Committee elected its Chairman Mian Bashir Ahmad and the Book Purchase Committee elected Mian Khalid Habib Elahi as its Chairman. The fifty third meeting of the Managing Committee was held on 18.10.2008 wherein the Managing. Committee unanimously confirmed and approved the minutes of the Managing Committee, Finance Committee and Book Purchase Committee. Respondent No, 1 has not confirmed/approved the minutes of the 53rd meeting of Managing Committee on the apprehension that till will give defects recognition to new petitioner and has wrong doings. It is also mentioned in the petition that in the meeting of Managing Committee dated 18.10.2008 no objection whatsoever had been made on the election of the Chairmen of the Standing Committees. The 50th meeting was held on 15.01.2008 of the Managing Committee and it was decided that since the tenure of the previous Executive Committee headed by Syed Asad Ali Shah has been expired and after the new elections of the six life members on the Managing Committee reconstitution of the Managing Committee has been completed and new Executive Committee has also been formed and subsequently Executive Committee have elected its Chairman Mr. Zaheer Ahmed Meer for the current session. It is also mentioned in the petition that Mr. Zil-e- Hasnain Deputy Chief Librarian the next higher incumbent in the Library has not been performing his duties since 7.07.2008 and Zaheer Ahmed Meer was unanimously requested to assume the charge of Chief Librarian/Secretary of PPL, Lahore. It has been mentioned that the post of Chief Librarian has been lying vacant for the last more than 15 years. It is claimed that Respondents No, 1 to 4 have taken over the Library though it is a non-Government Organization in violation of Constitution of PPL, Lahore and their act being illegal and unlawful may be set aside.
3 & 4. Learned counsel for the petitioner contends that false allegations have been levelled for taking over the control of PPL, Lahore, whereas the Government has no concern with the same, who wrongly acted and its action should be declared illegal and unlawful and may be set aside while issuing writ of quo warranto against Respondents No, 1 to 4; that the Societies Registration Act, 1860 does not empower the respondents to take such illegal action and petitioner has a right to be treated in accordance with law as the petitioner is a Life Member of the Punjab Public Library, Lahore and, that the writ petition .may be accepted.
5. Conversely the Assistant Advocate General has submitted the report and Parawise comments on behalf of the respondents and contended that the affairs of the Punjab Public Library were not being run under the Constitution of Punjab Public Library and huge amount had been embezzled; that under Section 16-A of the Societies Registration Act, 1860 the Government of the Punjab has rightly taken over its charge, in order to save the Punjab Public Library from the clutches of miscreants; that Zaheer Ahmed Meer does not qualify to act as Chief Librarian for the reason that he does not possess the required qualification for the post of Chief Librarian, which is Ph.D in Librarian Science with five years experience whereas said Zaheer Ahmed Meer is an advocate and has no such like degree; that in the Ahatta/area of Library a Beauty Care shop for women has been opened which is against the aims of the Library; that the Managing Committee was not constituted in accordance with by laws and there was no option with Government of Punjab except to take the action under Section 16-A of the above said act; that the Society was unable to discharge its duties and the Government of Punjab which is providing 1/2 millions rupees for its welfare had been left with no option except to take over Punjab Public Library as many complaints have been received to the Government of the Punjab in this regard, and that huge amount has been embezzled and Chief Minister of Punjab has approved the summary sent by the concerned department and no illegality has been committed and writ petition may be dismissed.
6. I have heard the arguments of learned counsel for the parties and have perused the documents attached with the writ petition.
7. There is no denial that Punjab Public Library, Lahore had been established in the year 1884 and its Constitution also shows that the said Library was established at the desire and with the assistance of the Government of the Punjab in order to provide a Public Library and Reading Room for the use of peoples in the Province. The Constitution of the Punjab Public Library (1989) as amended from time to time and finally in the 49th meeting of the Managing Committee held on 30.06.3009 is reproduced here as under: "Preamble: The Punjab Library, Lahore was established 1884 at the desire, and with the assistant of the Government of the Punjab, in order to provide a Public Library and Reading Room for the use of people in the Province.
Aims & Objects.
1. The aims and objections of the Library are--
(a) to provide a Public Library for all the people which will contain official, scientific, technical and other general publications, manuscripts and non-book material.
(b) to provide a Reading Room which shall be open to the Public free of charge.
2. the Library seeks to contribute to the intellectual advancement of the country:--
(a) by rendering accessible at one place valuable information that may be required for research or for any other enquiry that depends upon records rather that upon experience.
(b) by providing on an adequate scale, for the public, means for general reading in various fields of literature, science and technology."
The 3rd and 4th Para of this Constitution which are regarding the Managing Committee are also reproduced as under: "3. The life Members shall elect six members as their representatives on the Managing Committee.
4. The annual general meeting of the Life Members shall be convened by the Vice-President of the Managing Committee in " the month of February every year to consider the matters relating to the Library."
The powers and functions of Managing Committee has been mentioned in Para No, 9 of Annexure- D of this petition, which is reproduced here as under:-- "(i) The Managing Committee shall be the executive body of the Library and shall, subject to the Societies Registration Act, 1860 manage the affairs of the Library and exercise all powers in this regard.
(ii) Without prejudice to the generality of the foregoing, the Managing Committee shall have the powers:--
(a) to make Rules including Service Rules, Service Structure, Efficiency and Discipline Rules, Leave Rules, Rules for the Library Staff/Employees;
(b) to make all appointments of the Library Staff/Employees;
(c) to make Rules and Regulations for maintaining discipline and law & order in the Library;
(d) to make Rules and Regulations for the Reading Room for lending out books;
(e) to constitute and appoint various subcommittees as may be required;
(f) to determine the powers, functions and duties of various Sub-Committees;
(g) to make Rules to regulate the functioning of the Standing and other Sub-Committees;
(h) to supervise the working of the Library in general;
(i) to amend the Constitution as and when required only subject to the provisions of the Societies Registration Act, 1860.
The duties and powers of the office bearers has been mentioned in Para No, 14 of the same documents which is reproduced as under: "14. Duties and Powers of the Office Bearers:
(i) President: He shall preside over the meetings of the Managing Committee and shall supervise the business of the Library and the Managing Committee.
(ii) Vice-President:
(a) He shall preside over the meetings of the Managing Committee in the absence of the President
(b) He shall act as President when the President is out of station or is otherwise unable to act
(c) Cheques for amounts exceeding Rs, 10,000/- shall be signed by the Vice-President and the Secretary.
(iii) Secretary:
(a) He shall convene meeting of the Managing Committee under the direction of the President as required by the Constitution and as requisitioned under Sub-Clause 12 above. It shall his duty to incorporate in the agenda all such items as are required to be included by any member of the Managing Committee; provided that such requirement is given in before the dispatch of agenda.
The agenda shall be circulated at least 10 days before the meeting.
(b) He shall keep the records of the proceedings of the Managing Committee and others Sub- Committees.
(c) He shall be responsible for the implementation of the decisions of the Managing Committee.
(d) He shall place the proceedings of the previous meetings of the Managing Committee before them for confirmation.
(e) He shall place the proposals/recommendations of the various Committees for consideration before the Managing Committee.
(f) He shall prepare the annual report of the Library and shall place it before the Managing Committee each year in the month of December.
(g) He shall be Incharge of the office of the Managing Committee.
(h) He shall be a Secretary of every Committee.
The Managing Committee of the Library is to be consisted of not less than sixteen members, including the President and Vice-President, which shows that three Secretaries i,e, Education, Finance and Information are members of the Managing Committee besides the: District Nazim City Government, Lahore, The Vice-Chancellor of University of the Punjab, The President of Lahore Chamber of Commerce and Industry, The Chief Administrator Auqaf and the Chairman Punjab Text Book Board, Lahore. The Government of the Punjab is also empowered to nominate more members of the Managing Committee from amongst the scholars for two' years. The Managing Committee also consists of six members. Election was to be conducted by the election Committee, which consists on Director General Public Libraries Punjab as Chairman, Addl. Education Secretary (A) or in his absence Deputy Secretary (A) Education Department and President Life Members Association as members.
8. However the trouble started when the Managing Committee was reconstituted on 8.04.2003, which was not properly handling the Management of the Library and it was suspended under Section 16(a) of The Societies Registration Act, 1860 and on 14.09.2004 an Adhoc committee for running the affairs of the Library was constituted with the approval of the then Chief Minister and the said committee could work for maximum period of one year. Governing Body was superceded with immediate effect for a period of six months. Adhoc Governing Body/Managing Committee was appointed from amongest the members of the Society under sub-section (2) of Section 16-A of the Act ibid.. Mr. Justice (Retired) Sajjad Ahmad Sipra as Convener and notification was issued regarding reconstitution of present Managing Committee of Punjab Public Library on 4.06.2008 for a period of two years and following persons were nominated as members:--
1. Syed Asad Ali Shah, Federal Secretary (r).
2. Dr. Muhammad Ramzan Chief Librarian LUMS.
3. Mr. Shahzad Ahmed, Renowned poet and scholar.
4. Mr. Salman Rashid, Renowned Anthropologist.
5. Justice (Retd) Mian Allah Nawaz.
6. Mr. Ahmad Raza (Rtd) PCS officer.
9. It is also not denied that 51st Meeting of the Managing Committee, Punjab Public Library Lahore was held on 23.06.2008 under the Chairpersonship of Miss Arifa Saboohi the then Secretary Higher Education. Among other items, it was decided that Mr. Zill-e-Hasnain Deputy Chief Librarian, will act as Chief Librarian/Secretary and following members were nominated by the Managing Committee to form the Executive Committee and elect its own Chairman:
1. Justice Retd. Mian Allah Nawaz.
2. Ch. Aftab Ahmed Virk.
3. Mr. Zaheer Ahmad Meer.
4. Dr. Muhammad Ramzan.
10. However Justice (Rtd) Mian Allah Nawaz a Scholar Member, submitted his resignation for personal reasons in July 2008 and one seat of Scholar became vacant and in the meeting of Executive Committee held on 5.07.2008 in place of Justice (Rtd) Mia Allah Nawaz, all the life members except Ch. Aftab Ahmad Virk, appointed Khawaja Falah-ud-Din Naik as Member, Managing and Executive Committee in place of Justice (Rtd) Allah Nawaz. It was reported by the Deputy Chief Librarian/Acting Chief Librarian that among the members nominated by Managing Committee for the Executive Committee, only Zaheer Ahmad Meer was present in the meeting. In the said meeting Khawaja Falah-ud-Din Naik nominated Mr. Zaheer Ahmad Meer as Chairman of the Executive Committee of the Library since then Mr. Meer is posing himself as Chairman of the Executive Committee of Punjab Public Library, Lahore, which is according to the respondents illegal and unlawful and in violation of Para IV(2) (xi) of the Constitution of Punjab Public Library, Lahore, 1989 in which nominations to the seats of the Scholars are made by the Government of the Punjab and the Managing Committee has no power to nominate Khawaja Falah-ud-Din as its Member, who on the basis of which nominated Mr. Zaheer Ahmed Meer as Chairman and he started working as Chairman of Executive Committee and as Chief Librarian and the seat was filled due to resignation of Mr. Justice (Rtd) Mian Allah Nawaz by the Managing Committee. It is the case of the respondents that 52nd Meeting/Special Meeting of the Managing Committee was held on 28.07.2008 under the Chairperson of the then Secretary Higher Education wherein these illegal activities of Mr. Zaheer Ahmad Meer, Member Managing Committee and Executive Committee of the Library were discussed and Mr. Muhammad Taj Senior Librarian Quaid-e-Azam Library was given the additional charge of the post of Chief Librarian/Secretary PPL till appointment of Chief Librarian reliving Mr. Zill-e-Husnain of the Acting Charge of the said post and department issued Letter No, PS-SHE/ill2008 dated 4.08.2008. It is stand of the Government Respondent No, 1 that numerous complaints were coming in of high handedness and victimization of the officials working in the Library. On this issue an inquiry was conducted by Mr. Tariq Latif Deputy Secretary, who submitted that Mr. Zaheer Ahmad Meer is misusing the Library's funds and his behavior towards the employees is very rude and as the present Governing Body of the Punjab Public Libraiy is not properly handling the affairs of the Library, the Secretary. Industries, Commerce & Investment Department, Government of the Punjab has been requested that the present Governing Body of the Library may be dissolved under Section 16-A of the Societies Registration Act, 1860 in the interest of general public and an Adhoc Governing Body/Managing Committee may be constituted under sub-section (2) of the Section 16-A of the above said act for the smooth functioning of the Library vide letter which Annexure-K of this petition. Serious allegations were leveled against Zaheer Ahmed Meer for misusing the financial powers, establishing a beauty saloon in the Library, irregularly hiring and firing the regular staff of the Library and concealing the record of the Library from the higher authorities. Due to these reasons, a proposal was made which has been approved by the Chief Minister and the claim of the Government is that Government is providing Rs, 15,924 million for salaries and contingent expenses to the library. Now the only question is whether under Section 16-A of the Societies Registration Act, 1860 any action could be taken by the Government or not. Section 16-A of the Societies Registration Act, 1860 is reproduced for ready reference as under: "16-A. Notwithstanding anything contained in the memorandum of association, rules or regulations of a society registered under this Act, Government of the Province of registration may dissolve the Governing Body of such society and reconstitute or reorganize the Governing Body and entrust thereto the management of the affairs of the society subject to such conditions as it may deem fit to impost"
From the perusal of the same, it is found that Government has, powers to initiate, inquire and after holding of such inquiry the Provincial Government, is of the opinion that the Governing Body of the Society is unable to discharge its duties and also is unable to reform its Financial Obligations and is acting in the manner contrary to the public interest or to the interest of the members of the Society, the Governing Body can be superceded for a period not exceeding one year. Action under Section 16A` of the Society Registration Act, 1860 has been taken after holding inquiry and after forming an opinion by the Government of Punjab that the affairs of the Library are not in accordance with law and financial irregularities were also detected by the Inquiry Officer. The petitioner has failed to show that PPL is a NGO governed by Societies Registration Act, 1860. No document of registration since 1884. Hence, the respondent have admitted that it is a registered, but for all intents and purpose it is function loosely as a quosi autonomous body only after 1989 when its Constitution was framed. No identification is there for its functioning as an autonomous body. Rules of Business 1974 do not confirm it. This Court cannot enter into the controversy about the truthfulness of the allegations, but the Government has taken the action under Section 16-A of the Act ibid, certain allegations have also been leveled against the Managing Committee that it is not working to under constitution and learned counsel for the petitioner has failed to show that there was any scope of interference under writ jurisdiction of this Court about the action taken under Section 16-A of the Act by the Govt. Hence, this writ petition being devoid of any merits is dismissed.