Case Details

Citation(s)
2021 SLG 2102 2021 SLD 2102 2021 PLJ 642
Lahore High Court
W.P. No. 24754 of 2021, decided on 1.6.2021, Date of hearing: 1.6.2021.
MRS. AYESHA A. MALIK, JUSTICE.
Chaudhary Ishtiaq Ahmad Khan and Mr. Adnan Ahmad Chaudhry, Advocates for Petitioners with Petitioners in person. Mr. Azam Nazir Tarar and Barrister Asadullah Chattha, Advocates for
Respondent No. 1, Pakistan Bar Council, Islamabad. Mr. Amjad Iqbal Khan,

MUHAMMAD ASIF SULEHRIA ADVOCATE ETC

VS

PAKISTAN BAR COUNCIL THROUGH VICE CHAIRMAN, ISLAMABAD ETC.

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Annual Election of Tehsil Bar Association Ferozewala--Appointment of observer--Report of observer--Issuance of notification by election board--Withdrawal of show-cause notices--Direction to--Executive Committee Punjab Bar Council is directed to hear all parties within a period of two weeks’ time on issue of whether Tehsil Bar election took place on 9.1.2021 and whether Petitioners have made out a case that fresh elections should take place in Tehsil Bar Ferozewala in light of report of observer in this regard, order of this Court passed in CM No. 2/2021 will continue until a decision is made by Executive Committee Punjab Bar Council --Executive Committee Punjab Bar Council decides matter in favour of Petitioners then it should issue directions to hold fresh elections for Tehsil Bar Ferozewala and in alternate if it concludes that fresh elections are not required then notification dated 9.1.2021 can be restored and become effective--Petition disposed of. Ref. 2020 SCMR 631; PLD 2017 SC 231. ORDER Through this Petition, the Petitioners have challenged order dated 9.1.2021 passed by the Election Board, Bar Association, Ferozewala, order dated 29.1.2021 passed by the Vice-Chairman, Punjab Bar Council, essentially on the ground that the election of Tehsil Bar Ferozwala never took place, which fact is evident from the report of Observer dated 18.1.2021 and that the impugned notification dated 9.1.2021 notifying a new executive committee has been issued by the Election Board against the mandate of law. 2. Report and parawise comments have been filed on behalf of the Respondents. The case has been argued at great length. During the course of arguments, an effort was made to resolve the dispute. It is brought to the attention of the Court that vide order dated 6.3.2021 passed by the Pakistan Bar Council on an appeal filed by Petitioner No. 1, the matter was remanded to the Executive Committee of Punjab Bar Council for its decision on merit, after providing an opportunity of hearing to all the parties. 3. In this regard, the basic contention of the Petitioners is that the matter of finalizing the voters’ list as well as with…
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