2004 PLP 683 (MLD)
JAMSHED HUSSAIN KHOKHAR, PRESIDENT, DISTRICT BAR ASSOCIATION — Appellant Versus GHAZANFAR ALI CHOUDHARY and 5 others — Respondents
| Citation | 2004 PLP 683 (MLD) |
| Forum / Court | Pakistan Bar Council |
| Bench Members | N/A |
| Parties | JAMSHED HUSSAIN KHOKHAR, PRESIDENT, DISTRICT BAR ASSOCIATION — Appellant Versus GHAZANFAR ALI CHOUDHARY and 5 others — Respondents |
Q1: What are the key laws and sections cited in 2004 PLP 683 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 683 (MLD)?
The case was heard and decided by the Pakistan Bar Council bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 683 (MLD) (JAMSHED HUSSAIN KHOKHAR, PRESIDENT, DISTRICT BAR ASSOCIATION — Appellant Versus GHAZANFAR ALI CHOUDHARY and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S.47
Election of District Bar Association
Provincial Bar Council allowing certain members to cast their votes
Order of the Provincial Bar Council had to be backed by reasons so that it may not be termed as mere bald order
Such order, being judicial order, had to be a speaking order and must be such as to enable the higher forum to have an idea of the grounds of disposal and indicate to non-suited party that questions raised by him were considered
Such treatment was necessary not only to show that mind had been applied to the contentions raised but would also help the appellate forum
Any deviation from such course would make the order unsatisfactory
Judgment & Decree
MALIK RAB NAWAZ NOON (MEMBER).
That the impugned order ex facie seems to be arbitrary and not backed by reasonings. Therefore, bald order cannot sustain in law. Every order, may be quasi judicial, must be backed by reasons. The order dated 7-1-2002 is revealing to the effect that learned Members of Executive Committee of Punjab Bar Council, Lahore have not applied their mind to the facts and. circumstances of the case. The operative part of the impugned is reproduced below:-- "For the reasons stated in the applications, the applications are accepted and the Chairman, Election Board District Bar Association, Kasur is directed to include the names of the petitioners in valid voters list and the applicants are allowed to cast their votes in the forthcoming election of District Bar Association, Kasur to be held in 2002".
2. The above-referred operative part of the impugned order is not backed by reasons and can safely be termed as bald order: The impugned order is judicial order, same must be speaking order. Order must be such as to enable the higher Forum to have an idea of the grounds of disposal and indicate to non-suited party and questions raised by him were considered. Principle is also applicable to quasi judicial orders. Order of a Forum should be speaking order. This is necessary ' not only to show that mind has been applied to the contention but would also help the Appellate Forum in case parties come before it to appreciate correctness or -otherwise of the impugned orders. Any deviation from this norms would make the impugned order un satisfactory. It does not mean that orders should be unnecessarily lengthy but at least should disclose to the Appellate Forum that exercise of powers has been duly exercised on sound principles of law relating to the dispensation of criminal justice. The order must be sufficiently explicit to enable the Appellate Forum to get some idea of the facts of the case and to consider whether reasons on which it has been disposed of are sound and justifiable. Disposal of cases in summary manner by passing the order, which does not disclose the contention raised before the Forum by the, parties cannot be appreciated.
3. Even the earlier interim order in the matter dated 11-1-2002 envisages that Executive Committee of Punjab Bar Council acted arbitrarily while allowing to clear the dues vide impugned order dated 7-1-2001 without there being any plausible explanation that aforesaid are the reasons of the earlier short order passed on 30-5-2003 by the Appellate Committee (Pb-II) of Pakistan Bar Council. M.B.A./J-105/L Order accordingly.