C.M. No, 1473/2012.
Through instant application, applicant seeks impleadment as party in the writ petition on the ground that matter brought before this Court relates to election of Islamabad High Court Bar Association, and being one of the contesting candidate, he is necessary party.
2. Petitioner has no objection, if application is allowed. Order accordingly. Petitioner is directed to incorporate the name of applicant in the array of parties as respondent, Needful has been done.
Writ Petition No, 954/2012.
After hearing the learned counsel of both sides this Court enquired from the learned counsel for Punjab Bar Council, whether Punjab Bar Council is ready to withdraw its order with regard to suspension of licence of petitioner, Mr. Mujeeb-ur-Rehman Kiyani (sic) gracious replied that in case the Court strikes down the order of Punjab Bar Council with regard to suspension of licence of petitioner as well as holding of post of Ex-President, Islamabad High Court Bar Association, Islamabad, Punjab Bar Council, will have no objection. Order accordingly.
2. As far as issue of ,Islamabad High Court Bar Association, Islamabad, recognition with Punjab Bar Council, is concerned the Executive Committee of Islamabad High Court Bar Association, in the year 2009, made request to the Punjab Bar Council for its recognition and in the meeting held on 25.7.2009, the issue was taken up as supplementary agenda Item No, 4 and following resolution was passed:-- Agreeing with n the recommendations of the Executive Committees, the House unanimously accorded recognition to the High Court Bar Association, Islamabad.
To my mind, until, the establishment of Islamabad Bar Council, the Punjab Bar Council, being licencing authority do have the jurisdiction to entertain all disputes, relating to disciplinary matters and elections etc. and pass any appropriate order, obviously, in accordance with the legal Practitioners and Bar Councils Act, 1973 and Rules, framed their under.
3. Newly, impleaded respondent, Sardar Abdul Sami, Advocate, submits that he has already filed election petition which is pending before Punjab Bar Council, in which one of the ground urged is with regard to composition of Election Board. Vide order dated 10.4.2012, this Court suspended the order of Punjab Bar Council, dated 7.4.2012, in consequence of which elections of Islamabad High Court Bar Association, had already been held on 14.4.2012 by the Election Board, consisting of Respondent Nos,3 to 5, which was constituted by present petitioner.
4. In my humble estimation, it would not be appropriate, just and lawful, to pass any comment with regard to ground taken in the election petition. I have no doubt in my mind that election petition shall be decided by the Punjab Bar Council, in accordance with law and keeping in view the order passed by this Court on 10.4.2012.
5. In this view of the matter, instant petition disposed of.