1. This petition has been filed by Mr. Nayyar Abbas Advocate losing candidate for President, District Bar Association, Chakwal contending there in that the elections of D.B.A, Chakwal were held on 14- 01-2017 and as a result of that election Ch. Amjad Hussain Ali Advocate was declared as President DBA, Chakwal, however, the contention of the petitioner is that the election of Ch. Amjad Hussain Ali as President DBA, Chakwal be declared null & void as he is not holding any academic/professional record.
2. The petitioner further contended that Respondent No. 1, deposited monthly subscription in DBA, Chakwal from 1990 till to date without submitting academic and required professional certificates/ degree. It is further, contended by the petitioner that Respondent No. 1 has never moved any application for membership nor it was allowed by the executive body of DBA, Chakwal. That when Respondent No. 1 was asked to produce the academic and professional certificates for authentication from the Punjab Bar Council, confirmed that Respondent No. 1 is neither a graduate nor a Law graduate. The petitioner contended that the Respondent No. 1, due to the paternal influence of the learned Advocate Supreme Court of Pakistan and the then member Punjab Bar Council the record was examined by the Executive Committee and the Committee validating the membership of Respondent No. 1, passed an order dated 21-08-2004. In the end, it is requested that elections of Ch. Amjad Hussain Ali as President DBA, be declared null and void.
3. The Executive Committee passed a conditional order validating the membership of respondent from 1999 which order is illegal without any authority. The petitioner further submitted that under Articles 6 and 7 of Memorandum of Association, 1981, Punjab Rule Business of Bar Association and membership of the Association and under Section 58 of Legal Practitioner and Bar Council Act, 1973 r/w Rule 7.10 of Legal Practitioners and Bar Council Act, 1974, Respondent No. 1, Ch. Amjad Hussain Ali was not legible to become member of the Bar and President of the same.
4. He further, submitted that during elections process, he moved application about provision of relevant record of Respondent No. 1. He also made assertion that the name of Respondent appearing DBA, Chakwal and Bar Council if any is against record of Respondent No. 1 Qualification.
5. He further, contended that due to biased attitude of Chairman Election Board, he requested to conduct elections according to the voter list of Bar Association under Article 45 of Memorandum of Association, 1981, but the same was turned down. He further, submitted that one Mr. Anwaar-ul-Haq was not allowed to cost his vote finally the petitioner prayed that election Respondent No. 1 as President of DBA, Chakwal be declared null and void and petitioner be declared as returned candidate.
6. During the proceedings of this elections petition Mr. Nayyar Abbas also filed a complaint under Rule 6.1 of Punjab Legal Practitioners and Bar Council Rule, 1974, against Respondent No. 1, to cancel his license issued on 28-02-2004 and license to appear as an Advocate High Court issued on 28-10- 2006 and also to take disciplinary action against him. In the complaint allegations leveled against the Respondent Ch. Amjad Hussain Ali are that he claims to a passed LL.B in 1995 held in January 1996 and documents produce by him in the election petition shows that he passed LL.B Part II in year 2003 and that Respondent knowing well that he has not qualified LL.B degree holder further prepared a fake LL.B mark sheet by Punjab University and manage to get enrollment as an advocate from Punjab Bar Council on 16-01-1999. He further alleged that Mr. Amjad Hussain Ali Chaudhry also manage to put his name in register of monthly subscription of DBA, Chakwal without putting any application for membership before Executive Committee DBA, Chakwal. It is further alleged in the complaint that Respondent No. 1 practicing as an advocate since 16-01-1999 without getting LL.B from university and valid license from Bar Council. It is further alleged in the complaint that in year 2003 some voices were raised about the degree of the Respondent in DBA, Chakwal due to which to save him from misconduct proceeding he appeared in LLB Examination in May 2004 and qualified the same It is further submitted in the complaint that as per law a person after getting LLB degree as Respondent was bound to take training for six month and then he can apply for enrollment and also he has to pass the examination while appearing before the Examination Committee, which was not done and since he has not complied with the mentioned provision provided in Rule 2.5 A , 5.2 B of Punjab Legal Practitioners Bar Council Rules, 1974 and Section 26 of Legal Practitioners Act, 1973.
7. The Respondent was summoned Ch. Afrasiab Advocate Supreme Court of Pakistan appeared on behalf of Respondent No. 1 and submitted his written reply. The contention of the Respondent No. 1 is that he was M.A and LL.B when Executive Committee of Punjab Bar Council through a specific order dated 21-08-2004 had allowed his application and granted license to practice on the basis of his original apprenticeship and dues and said license was issued accordingly. It was also, mentioned in reply that the then President of DBA, Chakwal, Syed Abid Hussain Zaidi granted him membership as lawful member of DBA, Chakwal and was enlisted him as voter member of DBA, Chakwal. It is further, mentioned that Respondent No. 1 was elected as General Secretary of DBA, Chakwal in the year 2012.
8. The original enrollment . file of Respondent No. 1 also summoned and perused. The perusal of original file of Ch. Amjad Hussain Ali, transpired that initially he applied for license as an advocate in year 1999 and a license was issued to him whereas in the year 2004, Respondent No. 1, filed an application before the Executive Committee for cancellation of his previous enrollment and grant of fresh enrollment. The contents of application depicts that applicant was enrolled as an advocate on 16-01-1999 on basis of LL.B marks sheet of Punjab University received by applicant through Punjab Law College, Rawalpindi. According to applicant he believed it to be corrected and genuine therefore, was enrolled as an advocate, however later on he went to the Punjab University to request for issuance of grant of degree, where he was told by the staff that his mark sheet though genuine butt was mistakenly issued as he was placed under the compartment. He further, contended in his application that on coming to now regarding this fact left the chamber reappeared in all subjects and was finally declared passed in LLB. The application was placed before the then Executive Committee of Punjab Bar Council and the Executive Committee, regularized his license on the basis of MA, LLB qualification.
9. Argument heard record perused. It is admitted fact that Respondent No. 1 filed an application before the Executive Committee Punjab Bar Council in the year 2004, cancellation his previous enrolment and grant of fresh enrolment. It is also admitted fact that the application by Respondent No. 1, voluntarily and without parties or notice from Punjab Bar Council, DBA, Chakwal or any member of DBA, Chakwal or any private person. It is also, admitted fact that the certificate grading qualification pass by Respondent No. 1, before the Executive Committee Punjab Bar Council in year 2004 are genuine. During the proceeding before the Executive Committee or while proceeding of these petitions no such material has been produced that Respondent produced the LLB marks sheet in 1999 knowingly it is not genuine.
10. It is also admitted fact that there was not complaint against Respondent No. 1 for using any bogus documents to secure enrolment from Punjab Bar Council. It is also admitted fact that on coming to know about the anomaly in his final year result, he himself approach the Executive Committee Punjab Bar Council which approve have been committed either by the office of law college or relevant branch of University of the Punjab. Similarly, the applicant voluntarily appearance of the Respondent No. 1 before Punjab Bar Council when there was no complaint against him and all concerned were unaware about the actual position proved bona fide of the Respondent No. 1.
11. It is also admitted fact that Respondent No. 1 remained Secretary of DBA Chakwal in the year 2011, but petitioner or nor other person challenged his position which fact nullifies allegation of petitioner about membership of Respondent No. 1 of DBA, Chakwal.
12. It also admitted fact that non-including petitioner has challenged the order dated 21-08-2004 of Executive Committee through which the then learned Executive Committee has accepted Respondent No. 1 application for cancellation of previous enrolment and granted him fresh enrolment. Since this order dated 21-08-2004 of Executive Committee of Punjab Bar Council, has not challenged and attained its finality therefore, the reason for this qualification of Respondent No. 1 mentioned by petitioner in his petition has not proved. It is also worth mentioning that petitioner did not raise any such objection before Chairman Election Board of DBA, Chakwal are before Punjab Bar Council prior to the elections. It seems that petitioner filed the petition as revenge of losing the elections.
13. Keeping in view, the above-mentioned circumstances both the petitions dismissed.