Law: Legal Practitioners and Bar Councils Act, 1973

Section: 2 & 5

Law: Pakistan Legal Practitioners and Bar Councils Rules, 1976

Section: 3, 4 & 10(1)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Legal Practitioners and Bar Councils Act (XXXV of 1973)------Ss. 2 & 5---Legal Practitioners and Bar Council Rules, 1976, Rr.3, 4 & 10(1)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Balochistan Bar Council Election---Non-enlistment of the name of proposer of candidate in the roll of Electoral College published by Bar Council---Nomination papers of candidate, rejection of---Validity---Proposer had filed application seeking correction of such Roll after rejection of nomination papers as his name was not appearing therein---Candidate and his proposer had disputed such Roll and rejection of nbmination paper on flimsy grounds---High Court would not enter into such disputed and factual controversy requiring detailed enquiry and recording of evidence by Election Tribunal---High Court dismissed Constitutional petition in limine.PLD 1993 Quetta 42; 1998 SCMR 1535; PLD 1982 Quetta 126; PLD 1982 Quetta 129; PLD 1989 Kar. 53 and PLD 1984 Quetta 117 ref.(b) Legal Practitioners and Bar Council Rules, 1976-------Rr. 3, 4 & 10---Nomination papers, rejection of---Powers of Returning Officer---Scope---Scrutiny of nomination papers by Returning Officer must be based on electoral roll, which, for such purpose, would be final---Remedy of candidate would lie before Election Tribunal in ease of rejection of his nomination papers on the ground of being not resident of relevant area.P L D 1989 Kar. 53 and PLD 1984 Quetta 117 rel.JUDGMENT AHMED KHAN LASHARI, J.---The concise facts giving rise to file this Constitutional petition are that the President of Islamic Republic of Pakistan on 3rd November, 2004 made the following amendment to the Legal Practitioner and Bar Councils Act, 1973 (herein after called as the Act, 1973) whereby the number of members of Provincial Bar Council to be elected from the Provinces, were increased:-- "Section 2 in the Legal Practitioners and Bar Councils Act, 1973. (O) "Voter" means (i) in relation to election to a Provincial Bar Councils, an advocate whose name for the time being appears on the roll of group of districts and to whom an identity card has been issued by a Provincial Bar Council…