2000 PLP 1962 (MLD)

As far as the representation of the Punjab Bar Council is concerned I feel sorry in pointing out that in spite of the fact that Mr. Fouzi Zafar learned A.A.‑G., twice contacted the functionaries for their representation but nobody bothered to appear. I have considered the contentions and have gone through the documents appended with this petition. I must say at the very outset that respondent No.3 Malik Nasar Awan has taken waivering stances. Before me he has stated in categorical terms that he did not sign the other result sheets wherein petitioner has been shown to have secured 51 votes while in the impugned order he has taken different stance. The operative part of the impugned order is as under:‑‑ 12.?????? Malik Nasar Ali Awan, Chairman, Election Board also appeared before the Committee on 10‑4‑2000 and requested that he wants to make statement in camera as he feels his life in danger because of the tense situation created in the Bar by the two rival groups. He cannot afford to make any statement in presence of the parties. Due to the apprehensions expressed by Malik Nasar Awan. Chairman, Election Board, both the parties and their supporters were asked to vacate the Committee Room. Thereafter, both the election results were shown to Malik Nasar Ali Awan, Chairman, ‑Election Board whereupon he acknowledged that both the election results were signed by him. He frankly admitted that the election result marked Annexure "B" is genuine one, and he also stated before the Committee that as per election result (Annexure 'B') Rana Muhammad Aslam was declared a successful candidate for the office of President by a margin of two votes. He frankly admitted that inadvertently he was forced to sign the election result mentioned in Annexure 'A', wherein it has been shown that Mr. Atta Ullah Khan Niazi obtained 51 votes. (Underline is mine). On this very score the impugned order can be set aside. But there are other glaring illegalities committed in the holding of the election for which reference to Rule 46 of the Punjab Rule of Business of Bar Association (Memorandum of Association) and Rule 30 of the Rules of the Bar Association Model Form would be necessary which are as under:- 46.?????? The President shall constitute an Election Board consisting of Chairman and two other Members. seven days before the schedule for annual election announced by the Executive Committee. The Election Board shall consist of three senior members of the Association to conduct the annual election and to decide al: election issues. It shall remain in office for‑ three months. The Association shall inform the Provincial Bar Council at least a fortnight in advance of the date, time and venue of the holding of its Annual General Meeting at which elections are to take place. The Provincial Bar Council may depute its representative to be present at such meeting/elections and if the Executive Committee of the Provincial Bar Council so deems fit it may also appoint a person to ?act as Returning Officer for the purpose of the said elections of the Association. The reading of Rule 46 clearly demonstrates that the Election Board would jointly conduct election and decide all these election issues. However, in this case it is admitted by all sides that the two members of the Board have not authenticated the result. Similarly the appointment of Mr. Tanvir‑ur‑Rehman Randhawa is illegal as according to Rule 30 quoted above the application can only be given by the Association. The word "Association" has been defined in Punjab Rules of Business of Bar Association (Memorandum of Association) as under:‑‑ "Means the District/Sub‑Divisional Bar Association (Or any other Bar Association) recognized by Punjab Bar Council." In this case as admitted the application was never made by the Bar Association. It was respondent No.6 who alongwith one other Advocate moved said application on 28‑12‑1999 and Mr. Tanvir‑ur‑Rehman Randhawa was appointed on the same day in a hasty manner without giving any opportunity of hearing to any party and without looking into the fact whether said application was maintainable under any law or rules. There is another important aspect of this case that Mr. Tanvir‑ur?Rehman Randhawa, Member, Punjab Bar Council has addressed a letter to. the Chairman, Executive Committee, Punjab Bar. Council on 14‑1‑2000 wherein he has taken exception to the conduct of respondent No.3. The operative part of this letter which is Annex. "C" is as under:‑‑ "The Chairman, Election Board announced the abovementioned result in my presence and other Bar Members and Journalists. The Chairman; Election Board was time and again requested to hand over the copy of the result. But deliberately did not provide the same. This is the result for the post of President Mr. Rana Muhammad Aslam, Advocate has been elected as President, Bar Association, Tandlianwala for the year of 2000." The aforesaid letter of Mr. Tanvir‑ur‑Rehman Randhawa, Member, Punjab Bar Council fully substantiates the stance of the petitioner that respondent No.3 has not conducted the election in a transparent and fair. Resultantly for what has been stated above the writ petition is accepted and the impugned order, dated 5‑6‑2000 of the Executive Committee, Punjab Bar Council is hereby set aside. Since there is tremendous bickering among the Members Bar C Association, Tandlianawala, as such, to have transparent Election, Vice‑, Chairman, Punjab Bar Council or in his absence Chairman, Executive ' Committee shall appoint a committee of two or three Members. Bar Council of Faisalabad District to conduct the election of the Bar Association Tandlianwala on 29‑7‑2000. There shall be no order as to costs. Q.M_H./M.A.K./A‑101/L?????? Petition allowed.