P L D 1989 Lahore 311 (PLP)

The petitioner seeks to set aside the decisions dated 26‑2‑1989 and 14‑3‑1989 pronounced by the Executive Committee, Punjab Bar Council, Lahore, through its Chairman, respondent No.l.

2. The brief facts of this case are that Mr. Bairam Khan Chaudhry, Advocate Bahawalpur, is a member of the District Bar Association, Bahawalpur (which shall hereinafter be called as Bar Association). The Executive Committee of the Bar Association constituted an Election Board on 17‑12‑1988, to conduct the annual election of Bar Association for the year 1989. The Election Board consists of the following Advocates: ‑ (i) Khan Ghulam Ahmad Khan Kheshgi. (ii) Mr. Abdullah Jaffar Bhatti. (iii) Mr. Ahmad Mansoor Chishti. According to this petition, Mr. Abdullah Jaffar Bhatti, A lvocate, and Mr. Ahmad Mansoor Chishti, Advocate, were the defaulters and were not eligible to cast their votes and ceased to be the members of the Bar Association and they could not the members of the Election Board Respondent No.3. 3.. The Petitioner has challenged the election of Mr. Sohail Zulfi, Joint Secretary, Mr. Rafiq Bodla and Mr. M.B.Masood Hashim, the Executive Members, on the ground that they were the defaulters and they were not on the roll of Bar Association and could not be elected as such.

4. Thirdly, the petitioner has submitted that his nomination papers for the office of the President of Bar Association were rejected by respondent No.3.

5. The rules of business of Bar Associations have been formulated which are contained in Punjab Bar Council Memorandum of Association published on 23rd December, 1981. In accordance with para. 14 of this Memorandum, a member becomes a defaulter when he fails to pay his monthly subscription for three consecutive months and ceases to be a member of the Association. With reference to this para, it has been contended that Mr. Abdullah Jaffar Bhatti, Advocate, and Mr. Ahmad Mansoor Chishti Advocate, were the defaulters on 15‑12‑1988 and they could not be the members of the said Election Board. The respondents have explained that they have paid the subscription and have again become the members of the Bar Association. In para 14 of the same Memorandum, a member can apply for the restoration of his membership on making payment of the outstanding arrears due from him in addition thereof to such penalty as determined by the President or Executive Committee and on such payment, his membership is to be restored. It may be noted that on an election petition the election of the President of the Bar Association was held to be null and void and only the President is to be re‑elected and not other members. Mr. Abdullah Jaffar Bhatti and Mr. Ahmad Mansoor Chishti are the valid members of the Bar Association and their membership of the Election Board is not illegal for the present. It has been submitted on their behalf that the election is to be held according to the voters list dated 15‑12‑1988 and they will not cast their votes according to such list.

6. The election of Joint Secretary, Mr. Rafiq Bodla and Mr. M.B.Masood Hashim, the Executive Members, has been challenged on the ground that they were the defaulters and ceased to be the members) of the Bar Association. Firstly, they have been elected unopposed and the petitioner did not raise even a little finger when they were elected. Secondly, if their election is to be challenged, the petitioner) can institute an election petition under para 64 of the aforementioned, Memorandum of Association and that is the efficacious remedy for him.

7. It has been submitted that the nomination papers filed by the petitioner have been rejected by respondent No.3 and, according to the order dated 26‑2‑1989 pronounced by respondent No.l, the fresh elections have been directed to be held within twenty days of the receipt of this order on the basis of the list of eligible voters published on 15‑12‑1988. There was an ambiguity in the impugned order dated 26‑2‑1989 and Khan Ghulam Ahmad Khan Kheshgi, Advocate, had B sought a clarification of the said order and it was clarified by the Chairman, Executive Committee, Punjab Bar Council, that the re‑poll for the seat of the President is only to be held between Mr. P. A Farooqi, Advocate, and Mr. Javed Fazal Usmani, Advocate and no fresh nomination papers are required. The petitioner had filed the nomination papers against the direction of the Punjab Bar Council and they were rightly rejected.

8. The election of the President is scheduled to be held from 9‑00 a.m. today. I see no merit in this Writ Petition and dismiss the same in limine.

9. Since the writ petition has been dismissed in limine, these petitions have become infructuous and stand disposed of. M.Y.H./B‑118/L Petitions dismissed.