Through this constitutional petition, petitioner seeks setting aside of order dated 24.12.2009 passed by the Executive Committee, Punjab Bar Council and order dated 12.1.2010 passed by Appeal Committee (No.1) of Pakistan Bar Council.
2. Brief facts of the case are that matter relates to the Annual Election of Tehsil Bar Association Jahanian. The Executive Committee of Jahanian Bar Association affixed on the notice board of the Bar, the list of defaulters on 15.10.2009 who did not clear the annual dues of the Bar through monthly subscription. This list bears signatures of the President of Sub Divisional Bar Association Jahanian, C. Muhammad Khalid. Final list of voters was displayed on Notice Board of the Bar, by the President of the Bar for the Election 2010-11 on 31.10.2009.
3. The defaulters members Imran Yousaf etc. filed an application before the Chairman, Executive Committee Punjab Bar Council on 14.11.2009 with the prayer that their names should be included in the final voters list for the incoming election of the Bar. The petition was jointly filed by all the members whose names were displayed on the Bar Notice Board as defaulters. Executive Committee Punjab Bar vide order dated 24.12.2009 allowed application except to the extent of Mr. Zeshan Mehmood Randhawa and Khalid Ismail Awan, was refused.
4. This decision was taken by all the members of the. Executive Committee, Punjab Bar Council, against this order passed by Executive Committee, Punjab Bar Council, Ch. Muhammad Zubair Anjum, Advocate, the present petitioner filed an appeal before the Appeal Committee of Pakistan Bar Council for setting aside order dated 24.12.2009 passed by the Executive Committee of Punjab Bar Council. Learned Chairman, Appeal Committee (I) vide initial order dated 12.11.2010, at the preliminary hearing learned Chairman of Appeal of Pakistan Bar Council (PBC-1) excluded the names of Abdul Rehman Othi, Advocate, Muhammad Qasim Zia, Advocate, Muhammad Farooq Warraich, Advocate, Syed Muhammad Usman Shah, Advocate, Mehar Muhammad Aslam Diwana, Advocate, Muhammad Dur Husnain Sukhera, Advocate, Mehr Hashim Ali Arif, Advocate from eligible voters but later on Full Committee of the Pakistan Bar. Council reversed order of its Chairman and dismissed the appeal filed by the present petitioner.
5. Learned counsel contends that the list displayed on the Board of the Bar of the defaulters members was genuine and correct. Both the forums, Punjab Bar Council and Pakistan Bar Council wrongly and illegally included the names of the defaulters members in the list of eligible voters for the incoming election of Jahanian Bar Association. Petitioner in this writ petition has prayed that Hon'ble Members who were allowed to cast their votes in the election of Bar he dis-allowed to cost their votes in the upcoming election of the Bar, as the defaulters list was very much genuine and correct. The impugned orders passed by Punjab Bar Council and Pakistan Bar Council be suspended.
6. I have heard the learned counsel for the petitioner and perused the record,
7. Learned counsel for the petitioner did not argue on the point how the petitioner is aggrieved from the order passed by Punjab Bar Council and Pakistan Bar Council. Whether petitioner is contesting election or not he did not argue before this Court. However, it is highly lamentable that on flimsy grounds the Bar Members cannot be deprived their right of vote which is fundamental right of every citizen and of every member of the Bar to exercise in the election. Learned counsel did note site any violation of rules framed by 'Punjab Bar Council or Pakistan Bar Council under the Legal Practitioners Punjab Bar Council Act under which the Hon'ble Members can be deprived from their exercise of right of vote in the election. There are concurrent findings of fact in favour of the voters Respondents No. 3 to 10 such concurrent findings of facts cannot be disturbed sitting in Constitutional Jurisdiction. No jurisdictional error or defect is pointed out in the orders assailed in the writ petition. Learned counsel for the petitioner badly failed to point out any such defect.
8. I am not inclined to exercise discretion under Article 199 of the Islamic Republic of Pakistan for setting aside the order dated 24.12.2009 and order dated 12.1.2010 passed by Executive Committee Punjab Bar Council and Appeal Committee of Pakistan Bar Council respectively which are the highest august elected forums of lawyers community.
9. Resultantly, this writ petition is dismissed in limine.