ORDER IFTIKHAR MUHAMMAD CHAUDHRY, CJ. -- This petition has been filed for leave to Appeal against the order dated 8th November, 2006 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi in Civil Misc. Application No.1 of 2006 in Writ Petition No. 2801 of 2006. Operative para therefrom is reproduced herein below:- "4. In the meanwhile, operation of the impugned order dated 7.11.2006 passed in appeal No. 1 of 2006 by the respondent No. 2 Executive Committee of Pakistan Bar Council suspending the Election result declared by the Returning Officer of the Supreme Court Bar Association Election/respondent No. 7, dated 6.11.2006. Notification dated 2.11.2006 with regard to the Election result of the Office Bearers of Supreme Court Bar Association issued by the Ex- Secretary and Vice ' President, shall remain suspended and the proceedings, of the appeal before respondent No. 2 shall also remain stayed subject to notices for an early date."
2. Facts giving rise to instant petition for leave to appeal are that an election dispute arose between the rival candidates, contesting for the office of President of the Supreme Court. Bar Association of Pakistan [hereinafter refer to as "SCBAP"]. Statedly, at initial stage petitioner was declared as successful candidate in terms of notification issued by the Secretary, SCBAP dated 2nd November, 2006. Subsequent thereto on 4th and 6th of November, 2006 the Returning Officer issued two notifications declaring respondent No. 4 Raja Haq Nawaz Khan as successful returned candidate for the office of the President SCAP pursuant to what was described as "official counts"..
Petitioner challenged the notification in appeal before the Executive Committee of the Pakistan Bar Council, which passed the Order dated 7th November, 2006 whereby interim * relief was given.
Relevant para therefrom is reproduced hereinbelow:- "We have heard Mr. Tariq Mahmood, Counsel for Appellant and have perused documents filed with the appeal and submitted during hearing. We are of considered view that the above contentions and serious consideration therefore this appeal is admitted to regular hearing. Let the notice of the appeal be sent to the Respondents for 11.11.2006 at Islamabad. Notice may also be issued for the said date to the outgoing and incoming Secretaries SCBAP ( and Presiding Officers of the Polling Station at Karachi. The Secretary, Supreme Court Bar Association of Pakistan, Syed Zulfiqar Ali Bokhari is hereby directed to take into possession the entire election record and produce it before this Committee on afore-said data.
The Appellant is also seeking interim relief by way of suspension of the impugned Notification dated 06.11.2006. The Committee feels that the earlier Notification dated 02.11.2006/31.10.2006 signed by the outgoing Secretary has prima facie validity attached to it. Therefore in the meantime it is ordered that the operation of impugned notification dated 06.11.2006 is suspended and the notification dated 02.11.2006 particularly keeping in view the Notification of 02.11.2006/31.10.2006 signed by the outgoing Secretary declaring the Appellant Muneer A. Malik elected as President, Supreme Court Bar Association of Pakistan is hereby revived and the Appellant is allowed to work as President, Supreme Court Bar Association till the next date.
The Secretary, Pakistan Bar Council is directed to intimate the above order to the concerned Banks wherein the Supreme Court Bar Association is maintaining accounts."
3. Against this order respondent No. 4 Raja Haq Nawaz Khan preferred writ petition alongwith application for interim relief which has been granted vide Impugned order.
Relevant para therefrom has already been reproduced hereinabove.
4. We have heard the learned counsel for the parties at considerable length and have also taken into consideration the material available on record. Both the sides have raised a number of disputed questions of fact and law which require adjudication in the first instance by a Tribunal of plenary jurisdiction. We are therefore persuaded to hold, declare and declare as under:-
(i) That both the orders i.e. Order passed by the Executive Committee of the Pakistan Bar Council dated 7th November, 2006 and the order passed by the learned Single Judge of the Lahore High Court at Rawalpindi in CMA No. 1 of 2006 in W.P. No. 2801 of 2006 were passed ex parte? Whereas under the circumstances issuance of the notice was necessary; No reasons tenable in law have been given which persuaded by two forums of pass these orders; The reliefs claimed in the appeal (before Pakistan Bar Council) and in the main petition (before the High Court) were granted vide interim orders referred to above which is violative of the consistent law laid down by this . Court regarding the grant of interim injunctions.
(ii) That Mr. Abdul Hafiz Pirzada, learned counsel for petitioner has candidly conceded that he has no objection if the order passed by the Executive Committee of the Pakistan Bar Council dated 7th November, 2006 is set aside, provided the order passed by the High Court impugned in this petition is also annulled.
5. For what has been discussed above, the order passed by the Executive Committee of the Pakistan Bar Council dated 7th November, 2006 and the order passed by the learned Single Judge%of the Lahore High Court dated 08.11.2006 in C.M.A. No. 1 of 2006 filed in Writ Petition No. 2801 of 2006 are set aside. The Executive Committee of the Pakistan Bar Council is directed to dispose of the appeal filed by the petitioner expeditiously as far as possible within a period of two weeks, In the meantime, as an interim arrangement, the Vice President elected from the Province of Sindh shall hold the charge of the office of the President. Pending decision of the appeals before the Appellate Authority, the petitioner as well as respondent No. 4 shall not claim themselves to be the President of the SCBAP.
Petition converted into appeal and allowed in terms noted above.