Case Details

Citation(s)
2003 SLG 2763 2003 SLD 2763 2003 CLC 1730
Lahore High Court
Intra-Court Appeal No.213 of 2001 in Writ Petition No.25101 of 2000 decided on 8-05-2003.
CH. IJAZ AHMAD AND ABDUL SHAKOOR PARACHA, JJ

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Ch. RIYASAT ALI, ADVOCATE

VS

RETURNING OFFICER and 2 others

Law:

Section:

(a) Legal Practitioners and Bar Councils Act (XXXV of 1973)-------Ss.5-C & 16---Constitution of Pakistan (1973), Arts. 199 & 260---Law Reforms Ordinance (XII of 1972), S.3---Constitutional petition---Election of Bar Council---Respondent was declared as returned candidate, but later on, he was appointed as Head of Prosecution and Monitoring Cell in Law Department on contract, basis---Chairman, Bar Council dismissed petitioner's application seeking to be declared as returned candidate in place of respondent, who ceased to be Member of Bar Council after accepting such assignment---Order of High Court dismissing Constitutional petition of petitioner was challenged in Intra-Court Appeal---Respondent thereafter resigned from said post---Petitioner later on applied to Chairman Bar Council to declare him as returned candidate in place of another Member of Bar Council appointed subsequently as Assistant Advocate-General---Contention of respondent was that Intra-Court Appeal had become infructuous on account of such subsequent events---Validity---Petitioner had produced copy of subsequent application and order passed thereon--­Intra-Court appeal had become infructuous---High Court, while taking notice of such subsequent event directed the Chairman Bar Council to notify the petitioner as Member of Bar Council in place of Member of Bar Council, who had been subsequently appointed as Assistant Advocate-General. Brother Steel Mills Ltd. and others v. Mian Ilyas Miraj and 14 others PLD 1996 SC 543; Messrs Modern Continental Business (Pvt.) Limited v. Government of Pakistan and others 2002 CLC 233; Shahid Nabi Malik and another v. Chief Election Commissioner, Islamabad and 7 others PLD 1997 SC 32; Syeda Abida Hussain v. Tribunal for N.A. 69, Jhang IV PLD 1994 SC 60; D.R. Gurushanthappa v. Abdul Khuddus. Aware and others AIR 1969 SC 744; Understanding Statutes, Canons of Construction of Second Edition by Mr. S. M. Zafar Advocate; Muhammad Khursheed Khan v. Returning Officer 1998 SCMR 425; Sabru Din v. Mushtaq Hussain Bhatti and 2 others PLD 1993 SC 412; Muhammad Shafiq v. Returning Officer 1983 SCMR.105; Muhammad Hussain Shah v. Muhammad Shafiq 1983 SCMR 172; Abdul…
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