MUNAWAR HUSSAIN vs CHAIRMAN, APPEAL COMMITTEE (II) PUNJAB, PAKISTAN
This matter concerns an election dispute regarding the Tehsil Bar Association, Zafarwal. The core legal question addressed by the Supreme Court was the proper forum for challenging bar association election results. The Court held that once elections for a Tehsil Bar Association have been conducted, an aggrieved party must first invoke the jurisdiction of the Provincial Bar Council by filing an election petition under the relevant rules. The Court determined that an aggrieved party cannot bypass this procedure to approach the Pakistan Bar Council directly for redressal until the Provincial Bar Council has passed an order on the matter. Consequently, the Court set aside the impugned judgment of the Lahore High Court. By consent of the parties, the Court directed that the status quo be restored to the position prior to the disputed polls and ordered the Chairman of the Election Board to conduct fresh elections for the Tehsil Bar Association, Zafarwal, on a specified date.
- Does an aggrieved party have to approach the Provincial Bar Council before the Pakistan Bar Council regarding a Tehsil Bar Association election dispute?
- Is an election petition under the Punjab Rules of Business of Bar Associations Memorandum of Association the mandatory first step for challenging bar election results?
- Rule 64, Punjab Rules of Business of Bar Associations Memorandum of Association
ORDER
1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.-For reasons to be recorded later, this petition is converted into appeal and allowed, the impugned judgment dated 31-5-2013 passed by the Lahore High Court, is set aside, with the observations that once the elections of Tehsil Bar Zafarwal were held, the aggrieved party has to invoke the jurisdiction of Provincial Bar Council by filing an election petition under Rule 64 of the Punjab Rules of Business of Bar Associations Memorandum of Association and could not approach the Pakistan Bar Council for redressal of his grievance unless an order is passed by the Provincial Bar Council on the application of an aggrieved party in terms of Rule 64 (ibid), therefore, both the parties state that, by consent, they may be relegated to the position which was on 11-1-2013 i,e,, prior to the holding of polls for Tehsil Bar Association Zafarwal and directions be issued to Rana Muhammad Ayub (the respondent No,3), the Chairman of the Election Board of the said Tehsil Bar to hold fresh elections on 7th December, 2013. . Parties to bear their own costs.