A full bench of the Lahore High Court (LHC) on Friday dismissed several petitions of the elected parliamentarians and members of provincial assembly (MPAs) challenging the court’s jurisdiction to hear “quo warranto writ petitions” for their disqualification filed under Article 199(i)(b)(ii) of the constitution.
Many citizens had filed the petitions challenging the qualifications of different MNAs and MPAs and levelled allegations with regard to their academic degrees. In return, candidates/parliamentarians had contested the jurisdiction of the LHC to hear the petition.
The LHC chief justice (CJ) constituted a full bench to decide whether the jurisdiction of the high court to entertain petitions under Article 199(i) (b) (ii) of the constitution was ousted by virtue of Article 225 of the constitution, and whether these writ petitions were appropriate as being a member of the parliament or a provincial assembly did not mean holding a public office.
The bench said if a person was repository of even a fragment of the sovereign power of the state, legislative, executive or judicial, he shall be deemed to hold a public office.
The bench observed that petitions against member of parliament or provincial assembly under article 199(i)(b)(ii) were maintainable and could be entertained by the court.
