If a mandatory condition for the exercise of a jurisdiction before a Court, tribunal or authority is not fulfilled, then the entire proceedings....

 In “Izhar Alam Farooqi, Advocate v. Sheikh Abdul Sattar Lasi and others” (2008 SCMR 240) it was ruled by the honourable Supreme Court as below:

 “6. It is true that a Court which has the jurisdiction to adjudicate the dispute and pass an order has also implicit power to have the order implemented and merely an erroneous order passed by the Court of competent jurisdiction does not render the order without jurisdiction. This is an established law that jurisdiction cannot be assumed with the consent of the parties and notwithstanding the raising of such an objection of the parties, the forum taking cognizance of the matter must at the first instance decide the question of its jurisdiction. There can be no exception to the principle that an order passed or an act done by a court or a tribunal not competent to entertain the proceedings is without jurisdiction and that it is mandatory for the court or tribunal as the case may be to attend the question of jurisdiction at the commencement of the proceedings because the jurisdictional defect is not removed by mere conclusion of trial or inquiry and objection to the jurisdiction can be raised at any subsequent stage. This court in Rashid Ahmad v. State PLD 1972 SC 271 held as under: - 

“If a mandatory condition for the exercise of a jurisdiction before a Court, tribunal or authority is not fulfilled, then the entire proceedings which follow become illegal and suffer from want of jurisdiction. Any orders passed in continuation of these proceedings in appeal or revision equally suffer from illegality and are without jurisdiction”. ”

 Part of Judgment 

IN THE LAHORE HIGH COURT BAHAWALPUR BENCH BAHAWALPUR

Writ Petition-Land-Direction to Departments
6382-19

2019 LHC 2976