2014 PLP 664 (SCMR)
MUNAWAR HUSSAIN — Petitioner Versus CHAIRMAN, APPEAL COMMITTEE (II) PUNJAB, PAKISTAN BAR COUNCIL and others — Respondents
| Citation | 2014 PLP 664 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Amir Hani Muslim, JJ |
| Parties | MUNAWAR HUSSAIN — Petitioner Versus CHAIRMAN, APPEAL COMMITTEE (II) PUNJAB, PAKISTAN BAR COUNCIL and others — Respondents |
| Primary Law | Punjab Rules of Business of Bar Associations Memorandum of Association |
Q1: What are the key laws and sections cited in 2014 PLP 664 (SCMR)?
This judgment primarily cites: Punjab Rules of Business of Bar Associations Memorandum of Association as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 664 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Jawwad S. Khawaja and Amir Hani Muslim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 664 (SCMR) (MUNAWAR HUSSAIN — Petitioner Versus CHAIRMAN, APPEAL COMMITTEE (II) PUNJAB, PAKISTAN BAR COUNCIL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arshad, Secretary, Pakistan Bar Council for Respondent No.1.
- Nemo for Respondents Nos.2 and 3.
- Hafiz Muhammad Anwar Zia for Respondent No.4 (in person).
- Date of hearing: 5th December, 2013.
- Tariq Masood, Advocate Supreme Court with Petitioner.
Headnotes / Summary
(On appeal from judgment dated 31-5-2013 of the Lahore High Court, Lahore, passed in W.P. No.1500 of 2013.)
R. 64
Provincial Bar Council, jurisdiction of
Grievance relating to elections of Tehsil Bar Association
Once the elections of Tehsil Bar were held, the aggrieved party had to invoke jurisdiction of Provincial Bar Council by filing an election petition under R. 64 of the Punjab Rules of Business of Bar Associations Memorandum of Association and could not approach the Pakistan Bar Council for the redressal of his grievance, unless an order was passed by the Provincial Bar Council on the application of an aggrieved party in terms R. 64 of the said Rules
Appeal was allowed and on consent of both parties Supreme Court directed that they may be relegated to the position prior to holding of polls for the Tehsil Bar in question, and that Chairman of the Election Board of said Tehsil Bar should hold fresh elections. Tariq Masood, Advocate Supreme Court with Petitioner. Suhail Mehmood, DAG on Court's Notice.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
For reasons to be recorded later, this petition is converted into appeal and allowed, the impugned judgment dated 31-5-2013 passed by the Lahore High Court, is set aside, with the observations that once the elections of Tehsil Bar Zafarwal were held, the aggrieved party has to invoke the jurisdiction of Provincial Bar Council by filing an election petition under Rule 64 of the Punjab Rules of Business of Bar Associations Memorandum of Association and could not approach the Pakistan Bar Council for redressal of his grievance unless an order is passed by the Provincial Bar Council on the application of an aggrieved party in terms of Rule 64 (ibid), therefore, both the parties state that, by consent, they may be relegated to the position which was on 11-1-2013 i.e., prior to the holding of polls for Tehsil Bar Association Zafarwal and directions be issued to Rana Muhammad Ayub (the respondent No.3), the Chairman of the Election Board of the said Tehsil Bar to hold fresh elections on 7th December, 2013. Order accordingly. Parties to bear their own costs. MWA/M-6/SC Order accordingly.