Law: Constitution of Pakistan, 1973

Section: 4,199

Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: 3,4,5,61

Constitution of Pakistan, 1973-- ----Arts. 4 & 199--Due process of law--Pakistan Legal Practitioners & Bar Council Rules 1976, R. 3, 4, 5 & 61 Election of Punjab Bar Council--Exclusion of votes from final count--Right of franchise--Annulment of election by Returning Officer--Filing of objections--By filing objection petitions, objectors complained that their votes were excluded from final count, as such, they were disfranchised--Election tribunal allowed objection petition--Challenge to--Respondents objected to maintainability of objection petition before election trial--High Court framed issue as to Whether objectors fell within definition of "aggrieved persons"--Held that under law returning officer shall publish a programme of election of member of Provincial Bar Council by providing a date by which objections to validity of election of a member shall be filled and that such objections may be filed by any "candidate at election" or by any five voters to contest validity of election of candidate--Under Rules, remedy is available only to a candidate at election and in case of any five voters, an objection petition would only be competent if validity of election of a candidate is called in question--In present case, no candidate at election has ever filed an objection petition and voters who have filed objection petition, have never prayed for a relief, which is available to voters by calling in question validity of election of a candidate--Objectors in this particular case have voiced against their alleged disfrnachization and for inclusion of their votes into final count and in fact validity of any election of a candidate in particular sense has never been called in question by objectors--No aggrieved person has ever made competent to file objection petition calling in question validity of election of a candidate and further no objection petition is available in scheme of law on subject providing remedy to voters in election to ask for inclusion of their votes in final count, which for any reason were not included by election staff in final count--High Court held that objection petition before tribunal was not legally maintainable--Petition…

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