| Citation(s) |
|---|
| 1998 SLD 761 = 1998 CLC 1810 |
Peshawar High Court
Writ Petition No. 1479 of 1997(M) with Civil Miscellaneous No. 1759 of 1997(N), decided on 30th October, 1997.
Presented By: Before Mehbub Ali Khan and Qazi Muhammad Farooq, JJ
Petitioner in person.
Respondent No. l in person (on Pre-Admission Notice)
Writ Petition No. 1479 of 1997(M) with Civil Miscellaneous No. 1759 of 1997(N), decided on 30th October, 1997.
Presented By: Before Mehbub Ali Khan and Qazi Muhammad Farooq, JJ
Petitioner in person.
Respondent No. l in person (on Pre-Admission Notice)
MUHAMMAD MUAZZAM BUTT, ADVOCATE---Petitioner
VERSUS
Qazi MUHAMMAD ANWAR, ADVOCATE and 4 others---Respondents
Law: Legal Practitioners and Bar Councils Act, 1973
Section: 11-A , 11-B , 23
Legal Practitioners and Bar Councils Act (XXXV of 1973--- ----Ss. 11-A, 11-B, & 23---Constitution of Pakistan (1973), Art. 199-- Constitutional petition---Election of Pakistan Bar Council---Election of respondent as Member of Pakistan Bar Council was challenged by petitioner on the ground that he having not signed Roll of Advocates of Supreme Court before filing of nomination papers, was disqualified to be elected as Member and that he having been convicted by Military Court for having been found to be in possession of hand grenades was also disqualified to be elected as Member Pakistan Bar Council in terms of S.11-B(b), Legal Practitioners and Bar Councils Act, 1973---Any person whose name was entered in Roll of Advocates of Supreme Court maintained by Pakistan Bar Council was qualified to be elected as Member of Pakistan Bar Council---Where controversy had arisen in that context, same had to be resolved in the light of Roll of Advocates maintained by Pakistan Bar Council---Name of respondent was admittedly borne on Roll of Advocates of Supreme Court, therefore, he was qualified to be elected as Member, Pakistan Bar Council---Respondent although had not signed Roll of Advocates kept under the Rules of Supreme Court before date fixed for filing of nomination papers, yet such fact could not be blown out of proportion for Supreme Court, on his application, had allowed him to sign Roll of Advocates maintained by it and delay in signing the same was condoned---Roll of Advocates maintained by Supreme Court would, thus, be deemed to have been signed by respondent on the date of his enrolment long before filing of nomination papers---Respondent was, thus, entitled to contest elections, in question and after having been elected to function as Member of Pakistan Bar Council. Black's Law Dictionary ref. Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 11-B---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election to Pakistan Bar Council---Respondent was elected as Member, Pakistan Bar Council---Respondent's election was challenged on the ground that he having been convicted by Military Court, was…