1. ' RASHEED A. RAZVI, J.---Appellant has filed this appeal under section 13(2) of the Legal Practitioners and Bar Councils Act, 1973, claiming therein that on 17-1-2006, the elections for District Bar Association, Sargodha, was held wherein appellant secured 311 votes while Mr. Malik Muhammad Afzal Farooka, got 294 votes and Rao Abdul Ghaffar Khan, secured 159 votes, thus, appellant was rightly declared elected as President, District Bar Association, Sargodha, by the Chairman Election Board Mr. Raja Khalid Nasrullah Khan. It is further claimed in the memo. Of appeal that on 19-1- 2006, at 11-30 a.m., the appellant assumed the charge of the office of District Bar Association, Sargodha, vide order dated 9-1-2006, passed by the Executive Committee, Punjab Bar Council, he was restrained from acting as President, District Bar Association, Sargodha. Appellant has now filed the instant appeal against the said order.
2. ' We have heard the appellant and respondents at length and have also perused the record produced by the Punjab Bar Council. We have also heard the learned Chairman, Election Board Mr. Raja Khalid Nasrullah Khan, whose statement in writing is also available on the file of Punjab Bar Council.
3. ' It was contended by the appellant that the respondent No,2, had filed only one Election Petition before the Executive Committee, Punjab Bar Council (ECPBC). However, the impugned order dated 9-1-2006 through which operation of the notification declaring appellant Naseer Ahmed Cheema, as President, was suspended, contains the phrase "this is fresh petition". According to appellant, the Executive Committee, Punjab Bar Council, has simply issued notice on the Election Petition of Mr. Malik Muhammad Afzal Farooka, but subsequently, on the same petition, treated it as a fresh matter, passed the impugned order. Indeed, on the scrutiny of the record, we have found two (2) orders passed by ECPBC on 9-1-2006. On the main petition of the respondent No,1, notices were issued to the respondents, for 14-1-2006. However, from the record of Punjab Bar Council, it appears that the full-fledged hearing of election petition was conducted on 14-1-2006, whereafter the matter was adjourned to 17-1-2006, when the Election Petition of Mr. Malik Muhammad Afzal Farooka, was disposed of through a short order with the observation, inter alia, "By this short order we hereby intend to decide this petition after hearing the parties at length and perusing the record.
4. This petition has no merit and therefore, is dismissed. The reasons for the rejection of this petition would be stated in our separate detail order. We are hereby intimating the parties about this order and we, will provide our detail order to all the parties concerned within next few days".
5. ' It is very shocking and surprising for all of us that upon scrutiny of record we have found two (2) conflicting orders in the same proceedings passed by the Executive Committee. We have also seen an order dated 14-1-2006, passed by the learned Chairman and two (2) members of the Executive Committee, which shows that after hearing the parties further hearing was adjourned to 17-1-2006, at 1-00 p.m. Through the said order, the Secretary, District Bar Association, Sargodha, was directed to ensure presence of Chairman, Election Board along with record. In the said order reference was made to the order dated 13-1-2006, passed by the former Vice-Chairman of Punjab Bar Council, suspending the operation of the order dated 9-1-2006, passed by the Executive Committee, Punjab Bar Council, through which the appellant was restrained from holding office of President, District Bar Association, Sargodha. The Executive Committee, Punjab Bar Council has observed in reference to the said order of the Vice-Chairman, Pakistan Bar Council, that they would pass a separate order, but such order is not available on the records produced by the office of Punjab Bar Council.
6. We take strong exception on the conduct of the learned Chairman and members of the Executive Committee, Punjab Bar Council. In all fairness, they should have avoided to pass any order once cognizance has been taken by the Pakistan Bar Council. The entire record of the proceedings before Executive Committee, Punjab Bar Council, speaks volume of irregularities, bias and mala fide of its members. The Office Superintendent, was unable to explain as to how two (2) conflicting orders are available on record and about the fate of "fresh petition".
7. ' We have also examined another short order dated 17-1-2006, and its reasoning dated 18-1-2006, passed by the ECPBC. It is evident from the reasoning that the re-election has been ordered on the ground that the records pertaining to the elections were found tampered. However, the explanation given by the learned Chairman, Election Board through his statement in writing was completely ignored. In his statement, before this Appellate Committee, it has been categorically stated that the elections were held in most organized and peaceful manner, there was no objection on the part of any contesting elections during polls; that counting was also conducted in peaceful manner whereafter the results were declared by the Chairman, Election Board in presence of all the contesting candidates. The losing candidates congratulated, the winners and left the premises. It was further explained by the learned Chairman, Election Board Mr. Raja Khalid Nasrullah Khan, Advocate that on the instructions of Punjab Bar Council he delivered the record to the Secretary, District Bar Association, but when the same was produced before the ECPBC, on subsequent date, the said record was found tampered. All these facts were orally narrated by the learned Chairman, in presence of more than 50 Advocates of Sargodha Bar while we were hearing this instant Appeal.
8. None of the Lawyers present or any contesting candidate disputed the statement of learned Chairman, Election Board.
9. ' It is also an admitted fact that earlier some other person was appointed as Chairman, Election Board, who after briefly performing some election duties, declined to continue with his functions as Chairman, Election Board. Subsequently, Mr. Raja Khalid Nasrullah Khan, was appointed Chairman, Election Board, by consent and nobody objected on assumption of his office as Chairman. It is also an admitted position that during elections no objection as to any irregularity was ever raised by any of the contesting candidates.
10. ' It was vehemently contended on behalf of 'respondents that the order impugned in this appeal is of 9-1-2006 and that the appeal has become infructuous in view of the subsequent orders passed by the ECPBC namely short order dated 17-1-2006 and reasoning dated 18-1-2006. It was further contended that since no appeal has been filed against the final order dated 18-1-2006, same has attained finality. As mentioned earlier, we have examined the file/election records produced by the Punjab Bar Council with the assistance of learned Advocates present. A certified copy of an order was also placed before us but its original is not in the file. There was no "fresh election petition" filed by any of the candidates before the Punjab Bar Council when the second order was passed. The manner and the procedure adopted while dealing with the elections of District Bar Association, Sargodha, compelled us to hear and decide this appeal. It is well-settled law that the Courts are competent in proper cases in order to avoid multiplicity of proceedings, to shorten litigation and to do complete justice between the parties and to mould relief according to the altered and changed circumstances. If any reference is needed please see "Mst. Amina Begum v. Mehar Ghulam Dastagir" (PLD 1978 SC 220) and "Raz Muhammad v. Haji Muhammad Zarreen" (1980 SCM R 339).
11. ' Likewise, in the case of "S. Ali Asghar v. Creators Builders" (2001 SCMR 270 at 285) the Hon'ble Supreme Court, while reiterating the rule laid down in the case of Amina Begum (supra) Raj Muhammad (supra) further ruled that "the learned Members of the Division Bench of the Hon'ble High Court, were justified in considering the factum of grant of permission for change in use of plots considering that under the law, the Court could take notice of the changed circumstances and subsequent events relevant for the determination of controversies between the parties".
12. As observed above, since gross irregularities were committed during the proceedings before the Executive Committee, Punjab Bar Council and since element of bias is apparent on the face of record, we are inclined to exercise our inherent powers in order to do complete justice and to protect verdict of the constituency exercised in favour of the appellant. In the circumstances, narrated hereinabove we are firm in our view that no lawful purpose would be served if the case is remanded to the Executive Committee.
13. We are of the considered view that once polling was conducted in peaceful manner and without any objection and the counting of votes also took place without any objection from the contesting candidates, the same cannot be declared to be null and void on the basis that subsequently election records were found tampered. It is also admitted by the parties that election records were delivered by the Chairman, Election Board, to the Secretary, District Bar Association for production before Punjab Bar Council. With most respect to the learned Chairman and Members of the ECPBC they should have conducted an impartial and independent inquiry in view of the statement made by the learned Chairman, Election Board that the records till, the time he delivered the same to the office-bearers of DBA, Sargodha were intact but subsequently how it was tampered? The case has been dealt in a most faulty and bias manner which acts are not conducive to the healthy tradition of the Bar Councils in Pakistan.
14. ' In view of the aforestated facts and circumstances, on 27-1-2006, through a short order this appeal was disposed of in the following manner. Above are reasons:-- ' We have heard the contesting parties and have perused the record produced by the Punjab Bar Council. We have also heard Raja Khalid Nasrullah Khan, Chairman, Election Board. For the reasons to be recorded later this appeal is allowed. The appellant Mr. Naseer Ahmed Cheema to continue as President, District Bar Association, Sargodha."