2016 PLP 2564 (YLR)

Laws Cited

Representation

• M. Yousif Leghari for Petitioner along with Petitioner in person
• Mr. M. Yousif Leghari advocate has filed the amended title in compliance of the order dated 16.4.2015 which is taken on record.
• Mr. Salahuddin Gandapur has filed Vakalatnama for respondent No.1 and also appearing in person as respondent No.4.
• Mr. Mustafa Lakhani present along with Mr. Pir Darvesh advocate has filed Vakalatnama for respondent Nos. 2 and 3.
• Counsel for respondent No.1 has also filed a statement along with various documents. On the contrary counsel for the petitioner has also filed a list of members and argued that some of the members/ voters are government servants, some of them have dual membership and some members are in private service hence they cannot be treated actively practicing advocates, copy of the list is taken on record and supplied to the respondents.
• At the very outset learned counsel for respondents pointed out page 43 which is the memo of appeal filed by District Bar Association Mirpurkhas through its General Secretary. This appeal was disposed of vide short order dated 7.2.2015 by the Appellate Committee (Sindh) Pakistan Bar Council in which the parties were agreed that Mr. Salahuddin Gandapur may be appointed Chairman Election Board for holding fresh elections of District Bar Association Mirpurkhas along with two other members of the bar. Till such time Mr. Muhammad Muzzafar Leghari advocate, Supreme Court shall continue to look after day to day affairs of the District Bar Association, Mirpurkhas. The reasons were given by the Appellate Committee (Sindh) Pakistan Bar Council on 24.3.2015 which are available at page 59 in which the elections board was directed to hold the elections of District Bar Association Mirpurkhas in the year 2015 within a period of one month.
• Learned counsel for respondents argued that this was a consent order in which Mr. Muhammad Muzzafar Leghari advocate was also present hence at this stage he has no right to assail or challenge this order and the petition is not maintainable.
• After arguing at some length Mr. Muhammad Yousif Leghari advocate submits that he has no objection if the elections are held but he submits that the list of members submitted by him should be scrutinized so that the government officials or the members who are in service or the members having dual membership may be excluded from the list of voters of Mirpurkhas Bar Association. He further submits that since the elections are going to be held on 25.4.2015, therefore, due to paucity of time this exercise cannot be carried out properly within short period of time. Mr. Mustafa Lakhani and Mr. Salahuddin Gandapur agreed that they will consider the list submitted by Mr. Muhammad Yousif Leghari and also scrutinize the same and if any person is found in having dual membership or in government service or in private service, his name will be excluded in accordance with the Bar Council Rules after giving them opportunity of hearing. They also agreed that since this exercise will take some time, therefore, they agreed that the elections on 25.4.2015 will be postponed and now the Mirpurkhas Bar Association Election for 2015 will be held on 16.5.2015, however the nomination of the candidature will remain intact including the schedule and no modification will be made in the elections schedule except the new date of elections i.e. 16.5.2015.

Headnotes / Summary

Judgment & Decree