Law:

Section:

(a) Punjab Local Councils (Audit) Rules, 1981--------R. 27---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Initiation of pre­ surcharge proceedings against lawyer of Zila Council---Validity---High Court keeping in view rule of consistency had disposed of Constitutional petition of Zila Council in presence of its lawyer (petitioner) on same terms on which an earlier Constitutional petition had been decided---Such decision of High Court withstood scrutiny of Supreme Court on the touchstone of fairness of conditions laid down therein and stated to be agreed by petitioner (lawyer)---Supreme Court found such agreement to be just and fair to both the parties and that its terms could- be acted upon---No Court, much less an Audit Officer of Zila Council, had lawful authority to overrule such observation of Supreme Court, unless a case of fraud, misrepresentation or lack of jurisdiction was made out in properly constituted proceedings---No application under S.12(2), C.P.C. had been filed either in High Court or Supreme Court to question the order on such grounds---Nothing was on record to show as to how petitioner (lawyer) was responsible, when he had joined office of Zila Council long after such order had been implemented---High Court accepted Constitutional petition and declared proceedings initiated against petitioner (lawyer) to be without lawful authority. (b) Counsel and client---- ---- Compromise or agreement by counsel---Validity---Counsel has complete authority under terms of his power of attorney to act in the interest of his client and even to enter into a compromise or agreement for decision of a given case. (c) Punjab Local Councils (Audit) Rules, 1981--- ----R. 27(1)---Pre-surcharge certificate issued to lawyer of Local Council---Validity---Term "acting on behalf of the Local Council" as used in sub-clause (iv) of R.27(1) of Punjab Local Councils (Audit) Rules, 1981 would be read ejusdem generis with earlier three terms as used in sub-clauses (i) to (iii) of R.27(1)---Person falling in such three categories, if acting on behalf of Local Council could be proceeded against under the…

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