Mandamus

Court can direct the authorities to do what the mandate of law demands to do, being ultimate guardians of rights of individuals, when it comes to the lives and safety of the general public.

Art. 98-Writ-Mandamus, writ of-Can issue if statutory duty involved or any legal right enforced or performance of public duty claimed.

Art. 98 read with Bengal Municipal Act (XV of 1932), S. 66 and Municipal Administration Ordinance (X of 1960), Ss. 29 & 130-Writ-Mandamus

Master and servant

Tenure of service of employees of Municipal Committee-Purely of contractual nature liable to be controlled by rule of master and servant-Specific performance of such contract of sere ice through Court-Not permissible -Specific Relief Act (I of 1877), S. 21 (a) & (b).

Does not lie.

Writ - Mandamus - Order made under Act-May be quashed by Court if satisfied that such order was not within powers of Actor that interests of petitioner were substantially prejudiced by non-compliance of any of its requirements-Constitution of Pakistan (1956), Art. 1 70-Constitution of Pakistan (1962), Art. 98. It is well settled that if any person aggrieved by an order made under the Act desires to question the validity thereof on the ground that it is not within the powers of the Act or that any requirement of the Act has not been complied with, the Court may if satisfied that the order is not within the powers of the Act or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with quash the order.

Arts. 98 & 177-WritMandamus-Lies for restoration to office or franchise only if such office or franchise be of "public nature"-Wrongful dismissal of Co-operative Bank employee-Writ not proper remedy Co-operative Societies Act (11 of 1912)-Civil Services Rules (Punjab), Vol. II, rr.-14-13.

Art. 98 (2) (a) (ii) -Writ-Certiorari-Mandamus-Not available if alternative remedy, provided in Statute, not availed of.

Court exercising jurisdiction, to concern itself primarily with question whether impugned order made in good faith and in exercise of powers lawfully vested in authority concerned-Constitution of Pakistan, 1962, Art. 98.

Mandamus Pendency or filing of suit for adjudication of same issues not established-Petition for mandamus, held, competent - Constitution of Pakistan (1956), Art. 170.

Art. 98 (2) (a) (ii)Writ-Certiorari-Mandamus-Not available if alternative remedy provided in Statute not availed of.

Writ-Mandamus-Condition that it must be preceded by demand of justice and refusal thereof-Not inflexible.

Writ of discretion-Not granted as of right or issued as matter of course.

When issued-Existence of legal right in petitioner to get performance from respondent of a legal duty Constitution of Pakistan (1956), Art., 170.

Mandamus - "Demand for justice"-Petitioner normally not entitled to obtain writ if he fails -to disclose demand for justice and its refusal, except where such demand is futile Constitution of Pakistan (1962), Art. 98.

-Mandamus-Alternative discretionary remedy by way of revision-Failure to avail of such remedy no ground for refusing mandamus-Each case depends on its peculiar circumstances-Constitution of Pakistan (1962), Art. 98.

Writ - Mandamus - Writ of "discretion" - Laches -Writ applied for 12 years after cause far complaint arose Refused-Constitution of Pakistan (1956), Art. 170.

Writ-Mandamus-Affidavit in support of petition must be sworn by all petitioners or aggrieved persons-Petition in respect of persons not so swearing rejected in limine-High Court Rules and Orders (Dacca).

Right to have matter decided by public servant-Right to have excluded from consideration, while taking decision, matters illegal-Rights may be enforced by application for writ of mandamus.

Mandamus Mandamus-Issue of-Restoration to office-Office must be public. Mandamus will lie to compel restoration to office but it is necessary that the office must be public office. The post of a 'Technical Assistant' is not a public office.