Law:

Section:

(a) Legal Practitioners and Bar Councils Act (III of 1965), Ss. 5, 6 & 20 and Legal Practitioners and Bar Councils Rules, 1966, r.3-Election of members of Provincial Bar Council-Meeting convened for purpose presided over and nomination of papers scrutinized by person described as Advocate-General but who in fact was not the real incumbent of that office but was merely in-charge of that office during absence of the incumbent who was abroad at time-Such person though not legally constituted ex-officio Chairman of the Council, his participation in election proceeding, held, did not in any way affect result of election. The Advocate-General of East Pakistan who is under section 6 of the Legal Practitioners and Bar Councils Act, 1965 the Chairman ex-officio of Bar Council of that Province had been out of Pakistan for participation in a conference abroad. During his absence from the country the Provincial Government directed Mr. J (aged more than 60 years) who was the Senior Government Pleader "to remain in-charge of the office of the Advocate­ General", Mr. J whilst he was in-charge of that office, figured and was described as Advocate-General and ex-officio Chairman of the Provincial Bar Council in the proceedings held for the purpose of holding election of the Provincial Bar Council under Chapter II of the Legal Practitioners Bar Councils Rules, 1966. Throughout the proceedings no objection was taken at any stage by any person as to the validity of the assignment of Mr. J as the Advocate-General or the performance by him of the functioning as the ex-officio Chairman of the Council. However, after the declaration of the result, the election was challenged as being void on the ground: "that the entire election was void as it was convened and conducted by Mr. Jan-e-Alam, Senior Government Pleader, Dacca, who had illegally assumed jurisdiction as ex-officio Chairman of the Council, which office he neither held nor was qualified to hold." The question that called for determination before the Supreme Court, in circumstances, therefore, was whether the participation of Mr. J in the election, allowing that he was not the legally constituted ex-officio Chairman of the…

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