2006 PLP 40 (CLC)

SYED SHABBAR RAZA RIZVI, J.

Writ Petition No. 14439 of 2005 titled as Muhammad Aslam v. Mr. Gondal, Senior Civil Judge/Returning Officer was filed in this Court which was dismissed in limine by my learned brother Hamid Ali Shah, J. on 8-8-2005. The said writ petition was filed by Mansoor Sarwar Khan, Barrister at Law and Ch. Younas Sulehria, Advocate. Another Writ Petition No. 14478 of 2005 titled Mansoor Sarwar Khan, Barrister at Law v. Mr. Rauf, District and Sessions Judge, etc. was filed which came up for hearing before me. It may be pointed out at the very outset, that Mansoor Sarwar Khan, Barrister at Law is contesting election from the same Union Council on the seat of Nazim, from where Muhammad Aslam is contesting election on the seat of Naib Nazim. Both are contesting on one panel. Mansoor Sarwar Khan, Barrister at Law, appeared as a counsel in the Writ Petition No. 14439 of 2005, whereas, in the subsequent Writ Petition No. 14478 of 2005, he himself became a petitioner, therefore, he fully knew that the first writ petition was dismissed. Both writ petitions were filed to challenge the qualification of the same person, petitioner in this review, viz. Hafiz Muhammad Akram. In the subsequent Writ Petition No. 14478 of 2005 tilted as Mansoor Sarwar Khan v. Mr. Rauf, District and Sessions Judge etc. neither the learned counsel for the petitioner nor petitioner disclosed the fact that earlier Writ Petition No. 14439 of 2005 was filed and dismissed on 8-8-2005. They filed the subsequent Writ Petition No. 14478 of 2005 suppressing the fact that the earlier writ petition was filed against the A same person and it was dismissed. The conduct of the learned counsel and the petitioner is extremely condemnable and unlike a Lawyer. It grossly infringed upon the code of ethics provided in the Legal and Practitioner Act, 1973. It also constitutes an offence under Pakistan Penal Code, the office is directed to transmit certified copies of all orders on this file as well as petitions and annexures to the Secretary, Punjab Bar Council to place it before the Disciplinary Committee to take an appropriate action, particularly, against Mansoor Sarwar Khan, A Barrister at Law and others, involved in this matter. He is liable to be tried and penalized for misconduct. His misconduct be also entered into his record/file. Writ Petition No. 14478 of 2005 was allowed in view of judgment of the Honourable Supreme Court passed in Civil Miscellaneous Application No.1157/L of 2005 in Civil Petition No. 1528/L of 2005, Mehmood Ahmed Butt and others v. R.O. However, any order obtained fraudulently is not a legal order. Moreover, the jurisdiction under Article 199 of the Constitution is conferred upon the High Court as a discretionary jurisdiction, the purpose of this jurisdiction is to foster justice and right a wrong. The purpose is not to encourage or aid injustice, or to overlook and ignore fraud and cheating. The superior Courts of Pakistan have expressed themselves sufficiently in several cases on this point. For reference, a few may be cited, as PLD 1989 SC 166, PLD 1973 SC 236, 1981 SCMR 231; PLD 1997 SC 351 and PLD 2001 SC

415. In view of, whatever, has been stated above, this Review Petition in Writ Petition No. 14478 of 2005 is accepted. The order, dated 15-8-2005 is recalled. The petitioner in this Review Petition, respondent No.3 in Writ Petition No. 14478 of 2005 namely, Hafiz Muhammad Akram, is allowed to contest election. M.B.A./M-1270/1 Order accordingly