Through this Petition, the Petitioners have challenged the order dated 2.7.2021 passed by the Appeal Committee (Punjab-II), Pakistan Bar Council. The Petitioners have also challenged the result as declared of the election of Tehsil Bar Association, Jaranwala dated 5.3.2021 and the holding of election dated 6.2.2021. The Petitioners essentially seek an order for re-election of Tehsil Bar Association, Jaranwala for constituting a new election board comprising of honest and unbiased persons.
2. It is noted that earlier WP No. 22982/2021 was filed by the same Petitioners and in that Petition the basic ground for challenge by the Petitioners was that Respondent No. 1, Chairman Appeal Committee, Punjab II, Lahore has passed an order , which is against the mandate of the Legal Practitioners and Bar Councils Act, 1973 ("Act").
During the course of proceedings, all parties decided to resolve their dispute amicably and the Petitioners agreed to appear before the Appeal Committee, Punjab II of the Pakistan Bar Council in terms of Section 15 of the Act, however they requested that two members be co-opted, not being members from the Punjab. As per the understanding between the parties, the matter was referred to the Appeal Committee, Punjab II to decide the matter afresh.
3. In terms of order of this Court dated 1.6.2021 passed in WP No. 22982/2021, the matter was placed before a seven member committee of the Pakista n Bar Council which included two co-opted members, who heard the Petitioners along with Respondents and concluded that the election of Tehsil Bar Association, Jaranwala took place on 6.2.2021. However there was some scuffle between groups of advocates which was admitted before the committee by senior members of the bar present during the course of hearing, who assured that such practices will not be repeated in future.
4. On the basis of this statement and while going through the record, the committee concluded that the election did take place on 6.2.2021 under the supervision of -two Observers and if at all there was any disturbance in the election process, that was towards the end of the polling time yet the election board managed to complete the election process with the help of the police and thereafter announced the election result. The committee unanimously concluded that election was conducted in a fair and transparent manner and as such the illegality as highlighted by the Petitioners is not made out. The Petitioners are again challenging the same issue that the election was not duly conducted and they again seek reliance on affidavits issued by various different members of the Punjab Bar Council in which they stated that the election did not take place fairly and that some members were not allowed to vote.
5. As per direction of this Court given in W.P. No. 22982/2021, the Petitioners were given an opportunity of hearing on the basis of their consent and agreement to appear before the Appeal Comm ittee, Punjab II. The matter was heard by a seven member committee which B unanimously concluded that the election took place in a fair and transparent manner , meaning that the Petitioners' contentions are not made out. Therefore under the circumstances given that the Petitioners were heard by a seven member committe e which unanimously concluded that the election took place on 6.2.2021, hence no case for interference is made out.
6. In view of the aforesaid, the instant Petition is dismissed in limine.