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PLJ 2021 Lahore 653

Javaid Iqbal and 7 others vs Pakistan Bar Council through Chairman

CitationPLJ 2021 Lahore 653
CourtLahore High Court
Case No.W.P. No. 22982 of 2021
Date2021-06-01
Judge(s)Ayesha A. Malik
ResultPetition disposed of

ORDER

Through this Petition, the Petitioners have challenged the impugned order dated 1.3.2021 passed by Respondent No. 1, result declaration of election of Tehsil Bar Association, Jaranwala dated 5.3.2021 and the conduct of elections dated 6.2.2021 of Tehsil Bar Association, Jaranwala.

2. The case of the Petitioners is that the order of 1.3.2021 has been passed unlaw fully by the Respondent No. 1, Chairman Appellate Committee, Punjab II which is against the mandate of the Legal Practitioners and Bar Councils Act, 1973 ("Act").

3. Report and parawise comments have been filed on behalf of Respondents No. 2 to 4. An objection has been taken with respect to the maintainability of the instant Petition while relying on Mirza Muhammad Nazakat Baig v.

Federation of Pakistan through Secretary , Ministry of Law and Justice, Islama bad and another (2020 SCMR 631).

4. During the course of arguments, in an effort to resolve the dispute between the parties, given that the issue is of a pre-election dispute, for which the Petitioners seek a hearing by an impartial body , it is agreed in terms of Section 15 of the Act that the Appellate Commit tee, Punjab II shall co-opt two members, not being members from the Punjab, to hear the case afresh and decide the same on its merits.

5. After due deliberation and with the consent of the parties, it is agreed and decided that:

(i) the impugned order dated 1.3.2021 passed by Respondent No. 1, Chairman Appellate Committee, Punjab II is set aside;

(ii) the matter is referred to the Appellat e Committee Punjab II who shall co-opt two members other than from Punjab and decide the matter afresh within three weeks' time from receipt of the order , after hearing all parties.

6. Disposed of in the above terms.

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