2014 PLP 860 (SCMR)

TASSADUQ HUSSAIN JILLANI, J.

Through this petition, petitioner has challenged the judgment dated 15-1-2010 vide which a learned Judge of the Lahore High Court allowed the Constitution Petition bearing No. 14213 of 2009 holding that if the office of the President of the Lahore High Court Bar Association falls vacant during the currency of the term of the said office, it is to be filled through an election and the Vice-President does not assume the said office for the balance period of the tenure; that the Executive Committee of the Punjab Bar Council has the jurisdiction to decide a dispute qua the Election of the Lahore High Court Bar Association and the respondent/petitioner is an elected President of the Lahore High Court Bar Association.

2. We have heard learned counsel for the petitioner and respondent at some length and have gone through the record.

3. The issue raised in the Constitution petition was as to how the vacancy of the President of the Lahore High Court Bar Association was to be filled as the then President Mr. M. A. Shahid Siddiqui was elevated as Judge of this Court. The petitioner being the then Vice-President of the Bar Association laid a claim that under the High Court Bar Association Rules the Vice-President takes over as President when the office falls vacant. However, Elections of the office of the President of the Lahore High Court Bar Association were held pursuant to an order passed by the Punjab Bar Council in which admittedly the respondent Mrs. Nasira Iqbal obtained 715 votes and the opponent received 97 votes. In the meanwhile, the order of the Punjab Bar Council dated 24-6-2009 in which the Elections were directed to be held was challenged before the Pakistan Bar Council which vide its order dated 7-10-2009 held that in the event of slot of the President falling vacant the same shall be filled by the Vice-President for the remaining period of the term. This was admittedly after almost three months of the Elections having been held. The term of the office of the President elected in terms of the Elections held on 11-7-2009 expired in the last week of February, 2010 and thereafter periodical Elections of the said office have been held. The substantive issue, therefore, is no more alive.

4. In the afore-referred circumstances and in accord with the established precedents of this court, we would not like to deal with academic issues when no live issue remains to be decided. Moreso when it relates to the honour and dignity of an institution which has a glorious record of defending the rule of law under the Constitution. Suffice it to say, it would be open for the parties to re-agitate the substantive issue in any future eventuality with reference to a live matter and the observations made in the impugned judgment shall not stand in the away. Disposed of. MWA/M-2/SC Order accordingly.