2022 PLP (C (PLC(CS))
MUHAMMAD ISLAM Versus GOVERNMENT OF PAKISTAN through Secretary Ministry of Religious Affairs, Zakat, Ushr and Minorities Affairs, Islamabad and others
| Citation | 2022 PLP (C (PLC(CS)) |
| Forum / Court | Peshawar High Court |
| Bench Members | Qaiser Rashid Khan, ACJ and Syed Arshad Ali, J |
| Parties | MUHAMMAD ISLAM Versus GOVERNMENT OF PAKISTAN through Secretary Ministry of Religious Affairs, Zakat, Ushr and Minorities Affairs, Islamabad and others |
| Primary Law | Khyber Pakhtunkhwa Zakat and Ushr Act (XVII of 2011) |
Q1: What are the key laws and sections cited in 2022 PLP (C (PLC(CS))?
This judgment primarily cites: Khyber Pakhtunkhwa Zakat and Ushr Act (XVII of 2011) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP (C (PLC(CS))?
The case was heard and decided by the Peshawar High Court bench comprising: Qaiser Rashid Khan, ACJ and Syed Arshad Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP (C (PLC(CS)) (MUHAMMAD ISLAM Versus GOVERNMENT OF PAKISTAN through Secretary Ministry of Religious Affairs, Zakat, Ushr and Minorities Affairs, Islamabad and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Usman Rahim Khattak for Petitioner.
Headnotes / Summary
S.12(4)
Appointment of Chairman District Zakat Committee was assailed on the plea that he was below 45 years of age
No bar of age existed in appointing a person as Chairman District Zakat Committee
Provision of S.12(4) of Khyber Pakhtunkhwa Zakat and Ushr Act, 2011 was in respect of appointment of Chairman Khyber Pakhtunkhwa Zakat and Ushr Council
Constitutional petition was dismissed, in circumstances. Qazi Babar Irsahd, Additional Attorney General for the Federation.
Judgment & Decree
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. MH/21/P Petition dismissed.