Engineer Nasir Shafqat Marri vs Pakistan Engineering Council Election Cell, Islamabad and others
The petitioner challenged the participation of certain Government servants in the elections to the governing body of the Pakistan Engineering Council, arguing it violated Rule 24(3) of the Government Servants (Conduct) Rules, 1964, because the Council is a legislative body. The core legal question was whether the Pakistan Engineering Council qualifies as a legislative body under the Conduct Rules, thereby barring Government servants from contesting its elections. The Supreme Court held that the Pakistan Engineering Council is a statutory professional body rather than a political legislative body, and its power to frame regulations and bye-laws constitutes a supervisory and professional function rather than a political law-making function. Furthermore, the Pakistan Engineering Council Act, 1976 itself contemplates Government servants serving as ex-officio members of the Council. The petition was accordingly dismissed and leave to appeal refused. The key principle laid down is that professional and regulatory statutory bodies empowered to frame subordinate regulations do not constitute legislative bodies for the purposes of political and electoral restrictions on Government servants.
- Whether the Pakistan Engineering Council is a legislative body within the meaning of Rule 24(3) of the Government Servants (Conduct) Rules, 1964?
- Are Government servants barred from contesting elections to the governing body of the Pakistan Engineering Council?
- What is the nature of the rule-making and regulatory functions performed by the Pakistan Engineering Council under the Pakistan Engineering Council Act, 1976?
- Rule 24, Government Servants (Conduct) Rules 1964
- Rule 24(3), Government Servants (Conduct) Rules 1964
- Section 25A, Pakistan Engineering Council Act 1976
- Section 9(2), Pakistan Engineering Council Act 1976
ORDER
UM AR ATA BANDIAL, A.C.J. The grievance of the petitioner is that respondents Nos. 7-12 are Government servants and are forbidden to participate in Elections under the provisions of Rule 24 of the Government Servants (Conduct) Rules, 1964 ("Conduct Rules"). In particular he makes reference to rule 24(3) of the Conduct Rules which provides as follows: 24-. Taking part in politics and elections: (1)...
(2)...
(3) No Government servant shall canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere."
2. He submits that as the Pakistan Engineering Council ("Council") is a statutory body established under the Pakistan Engineering Council Act, 1976 ("Act") the contest of elections thereof for the governing body of the Council is in violation of rule 24 (3) of the Conduct Rules ibid. This is because the Council is a legislative body within the meaning of Rule 24(3) of the Conduct Rules. It has powers to frame regulations under section 25A of the Act. These regulations are in relation to the minimum standard of courses of study and practical training for obtaining graduate and post- graduate engineering qualifications as well as the syllabus of such courses and minimum additional qualifications and experience. The Council also has powers to frame bye-laws with the previous sanction of the Federal Government by Notification in the official gazette. Therefore, the respondents are not eligible to contest election, to the governing body.
3. A legislative body is an institution that makes laws for the territory falling within its jurisdiction.
Such legislative body may delegate its powers to functionaries for providing detailed rules and regulations framed in aid of the principal laws. To our minds the provisions of rule 24 of the Conduct rules which bears the heading "Taking part in politics and elections" is concerned with legislative bodies that are political in nature. On the other hand, the Council is a professional body and is constituted by a statute which makes it a statutory professional body. The regulations and bye-laws that the Council frames are concerned with professional matters pertaining solely and specifically to engineers. The regulatory function of the Council is not a political function nor a law making function but is a supervisory function. For that reason, we notice that section 9(2) of the Act appoints a number "of office bearers in government positions to serve as ex-officio members of the Council. Such officers are otherwise barred from engaging in political activity. This includes the Engineer-in-Chief, Pakistan Army, five Vice Chancellors of Engineering Universities (one nominated by each Provincial and one by the Federal Government) and one nominee each from the Planning Commission, the Ministry of Science and Technology and the Higher Education Commission.
4. Clearly, the Act itself contemplates Government servants to be members of the Council and, therefore, the objection raised by the petitioner is contradicted by the provisions of the Act itself.
Hence, we find that the impugned judgment of me learned High Court is unexceptionable and requires no interference. Consequently, this petition is dismissed and leave to appeal is refused.