Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Alternate remedy---Failure to avail such remedy---Effect---Availing of alternate remedy first for maintainability of Constitutional petition is only a rule of procedure not affecting the jurisdiction of High Court---Where point of law is involved and the same has to be ultimately resolved by High Court, Constitutional petition can be filed without availing of such remedy. (b) Legal Practitioners and Bar Councils Act (XXXV of 1973)--- ----S. 5(c)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Term 'aggrieved person'---Conditions---Locus standi---Petitioner had not moved the Bar Council for disqualifying the respondent as member of the Bar Council as petitioner had polled next highest votes and in the event of success he would have to be declared as the member of the Bar Council---Effect---Petitioner was an "aggrieved person" and had locus standi to maintain the Constitutional petition in circumstances. (c) Legal Practitioners and Bar Councils Act (XXXV of 1973)-- ----S. 5(c)(a)---Constitution of Pakistan (1973), Art. 199--rConstitutional petition---Expression 'appointed to an office of profit in the service of Pakistan'---Applicability---Respondent was appointed as Head of the Prosecution and Monitoring Cell of Provincial Law Department---Contention of the petitioner was that the respondent was appointed to an office of profit in the service of Pakistan and as such ceased to be the Member of Provincial Bar Council---Validity---True nature of the respondent's employment was that it was an "assignment" and the same partook the characteristics of legal advisorship---Such employment did not fall within the mischief of S.5-C(a) of Legal Practitioners and Bar Councils Act, 1973---Petition was dismissed accordingly. Syeda Abida Hussain v. Tribunal for N.A. 69, Jhang-IV and 2 others PLD 1994 SC 60; Shahid Nabi Malik and another v. Chief Election Commissioner, Islamabad and 7 others PLD 1997 SC 32; The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan, Works Division and 2 others PLD 1972 SC 279; GATRON (Industries)…

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