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2022 PLC (C.S.) 955

Muhammad Islam vs Government of Pakistan through Secretary Ministry

Citation2022 PLC (C.S.) 955
CourtPeshawar High Court
Case No.Writ Petition No.3014-P of 2020
Date2020-12-16
Judge(s)Syed Arshad Ali, Qaiser Rashid Khan (C.J)
ResultPetition dismissed

ORDER

QAISER RASHID KHAN, ACJ.----The petitioner has prayed as under; "On acceptance of the instant Writ petition, the impugned appointment order of respondent No.11 dated 23.12.2019 passed by respondent No.9 may kindly be declared null and being void ab initio against the law while the seat of District Zakat and Ushal Chairman be treated as vacant, all the notifications brought into effect under the Chairmanship may also be considered de- notified"

2. The grievance of the petitioner is that despite the fact that the age of the respondent No.11 is below 45 years, he has been appointed as Chairman of the District Zakat Committee in violation of section 12(4) Khyber Pakhtunkhwa Zakat and Ushr Act, 2011.

3. In the comments furnished by the official respondents, they have denied the stance of the petitioner by averring that there is no bar of age in appointing a person as Chairman District Zakat Committee and that the section of law referred to by the petitioner is in respect of appointment of Chairman Khyber Pakhtunkhwa Zakat and Ushr Council. On being confronted, the learned counsel for the petitioner has been unable to wriggle out from the legal position.

4. As such, no case is made out for the interference of this court. Accordingly, the present petition being without force stands dismissed.

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