Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: 26,3(c),Part-1,Chapter-II,61,62,63,5(1)( h),30(1)(h)

Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: 26,3(c),Part-1,Chapter-II,61,62,63,5(1)( h),30(1)(h)

(a) Pakistan Legal Practitioners and Bar Councils Rules, 1976-------Rr. 3(c) & 61---Election Tribunal---Formation and jurisdiction---Request to constitute Election Tribunal---Scope---In relation to an election dispute of a Provincial Bar Council, the Chief Justice of concerned High Court has to nominate a Judge of, High Court as an Election Tribunal---As the Tribunal has been assigned jurisdiction to hear election dispute, therefore, after announcement of election schedule, every dispute arising out of election of that period is triable by the Election Tribunal---At any time, either after announcement of an election schedule or the moment an election petition is received in accordance with Rule 61 of Pakistan Legal Practitioners an4 Bar Councils Rules, 1976, the Chief Justice has to constitute a Tribunal accordingly, however, in case the Tribunal is not constituted, concerned Bar Council can request the Chief Justice for needful to be done---In Pakistan Legal Practitioners and Bar Councils Act, 1973 or Legal Practitioners and Bar Councils Rules, 1976, no request of a Bar Council is required for constitution of an Election Tribunal. (b) Administration of justice--- ----Procedure, deviation from---Effect---When a statute provides an act to be done in a particular manner, then it has to be done accordingly and deviation from the procedure vitiates the entire proceedings. (c) Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----Rr. 3(c), 26, 61, 62 & 63---Election petition---Maintainability---Objections, non filing of-Direct filing of election petition---Both candidates secured equal votes and Returning Officer decided the matter. by drawing lots in accordance with Rule 26 of Pakistan Legal Practitioners and Bar Councils Rules, 1976, resultantly respondent won the toss and he was declared successful candidate---Petitioner assailed election on the ground of illegalities committed during election--Validity---Petitioner had directly approached Election Tribunal, without filing objection through a letter before Chairman Provincial Bar Council, for its onward transmission to Election Tribunal, therefore, proper procedure as provided by law was not…

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