1. This is an appeal through which the appellant has challenged the election proceedings of Bar Association, Sambrial for the year 2017-18 held on 14-1-2017 whereby Respondent No. 1 declared Respondent No. 2 as the elected President of the Bar Association, Sambrial for the year 2017-18.
2. As alleged by the appellant, the election of Bar Association, Sambrial was held on 14-1-2017 and the proceedings of the said election were conducted by the Chairman Election Board constituted by the Punjab Bar Council. After submission of nomination papers, except the Office of President and Finance Secretary, all other office bearers were declared successful as unopposed. During the election proceedings, the Election Board has failed to comply with the instructions given by the Punjab Bar Council regarding checking the Identity Card issued by the Punjab Bar Council and due to that reason several bogus votes were casted. The appellant further averred in the petitioner that number of voters were not allowed to cast their votes without assigning any reason and attitude to the Chairman Election Board and its Members remained partial during whole proceedings of the electioh and whenever he tried to approach the Election Board to resolve the grievances he was not allowed to enter in the room, especially Government teachers namely Manzoor Ahmad and Muhammad. Younis were allowed to cast their votes despite of the objection raised by the appellant. The appellant further quantified that during counting proceedings the appellant was not allowed to participate in the counting process and due to miscalculation of votes, the Respondent No. 2 was declared as returned candidate despite of the fact that the appellant secured higher votes as compared to the returned candidate i.e. Respondent No. 2. He further stated that the rejected votes were also counted in favour of the returned candidate which was totally illegal, against the law and partial. It has also been mentioned in the appeal that just after election, the first working day i.e. 16-1-2017 the appellant filed an application to the Chairman Election Board to resolve his grievances and requested for recounting of the ballot papers but the genuine request of the appellant was turned down arbitrarily. In the last the appellant has prayed that his appeal may kindly be accepted and whole proceedings of the election for the year 2017-18 of Bar Association Sambrial conducted by Respondent No. 1 may kindly be set-aside and the appellant be declared as returned candidate after recounting the ballot papers.
3. On the other hand the Respondent No. 2 has categorically denied the allegations leveled in the appeal and stated that there is no document available in the election record or in the Punjab Bar Council regarding objection raised by the appellant about non-issuance of ballot paper to the voters. He further stated that if there was any irregularity in the elections proceedings the same should be in the notice of the learned observer appointed by the Punjab Bar Council.
4. The Chairman Election Board was appeared during proceedings of this appeal and verified that the election was conducted according to law and all the proceedings were conducted in the presence of parties. He also categorically stated that the election were conducted in presence of Mr. Ghulam Abbas Tarrar, learned Observer/Member Punjab Bar Council. The polling agent of both the parties also signed and verified the election result. The Members Election Board namely Mr. Rizwan Nasir and Malik Moazzam, Advocates were also summoned by this Committee who also appeared and verified that elections of Bar Association, Sambrial were held according to law and no illegality was committed during whole election process. They also asserted that elections were held in presence of learned observer. They also reiterated that polling agents of both the parties while accepting the result signed the result sheet as a token to its correctness and polling agents of the parties never objected during the election proceedings till announcement of the result.
5. When the appellant Ch. Liaqat Ali Pannu, Advocate confronted with this situation he count not deny:-- i. That the elections were conducted according to law. ii. The whole election proceedings were conducted in presence of observer and no objection was raised by any party. iii. After counting of election, the poling agents of both the parties signed the result sheet as a token of its correctness. iv. At the time of announcement of result no objection was raised.
6. For what has been discussed above, the appellant could not produce any evidence which could prove that the elections were not conducted as per law. Similarly he could not prove that any illegality was committed while counting the votes, He also could not point out any irregularity during election proceedings in the counting of votes. Learned Observer has also not shown any irregularity committed during the election proceedings, therefore, we find this appeal without force and the same is dismissed accordingly.