Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section:

  Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----Rr. 61 & 63---Constitution of Pakistan (1973), Art.199---Election of Provincial Bar Council---Allegations of irregularity---Proper forum---Where any irregularity had taken place during process of election of Provincial Bar Council materially affecting result thereof, same had to be solved by Election Tribunal being the only forum provided for election disputes by Pakistan Legal Practitioners and Bar Councils Rules, 1976. Pakistan Legal Practitioners and Bar Councils Rules, 1976--- ----R. 5---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Maintainability---Election of Provincial Bar Council---Objections to nomination papers of respondents being time-barred did not prevail and same were accepted---Validity---Order of acceptance of nomination papers during election process was not amenable to Constitutional jurisdiction of High Court---All disputes arising out of elections of Bar Council should be raised through election petition before Election Tribunal constituted under the Rules---Constitutional petition was, therefore, misconceived and not maintainable. Election Commissioner of Pakistan v. Javaid Hashmi and others PLD 1989 SC 396 ref. S. Masood Kausar for Petitioner Yahya Khan Afridi for Respondents Nos. land 2 Respondents Nos. 3 to 5 in person. Date of hearing: 29th November, 1993. JUDGMENT MIAN MUHAMMAD AJMAL, J.---This writ petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, has been filed by Sanaullah   Khan Gandapur, Advocate, petitioner herein, for declaring the order dated 16-11-1993 passed by respondent No. l Advocate-General, N.-W.F.P./Returning Officer, N.-W.F.P., Bar Council, Elections, 1993 to be illegal, arbitrary and ultra vires vide which the nomination papers of respondents 3 to 5 have been entertained beyond the prescribed period and accepted as valid and thereby rejected the objection petition of the petitioner herein. Under Rule 5 of the Legal Practitioners and Bar Councils Rules, 1976, respondent No. l published the election programme for the election of the members of N.-W.F.P. Bar Council vide…