Through this Petition, the Petitioners have challenged order dated 9.1.2021 passed by the Election Board, Bar Association, Ferozewala, order dated 29.1.2021 passed by the Vice-Chairman, Punjab Bar Council, essentially on the ground that the election of Tehsil Bar Ferozwala never took place, which fact is evident from the report of Observer dated 18.1.2021 and that the impugned notification dated 9.1.2021 notifying a new executive committee has been issued by the Election Board against the mandate of law .
2. Report and parawise comments have been filed on behalf of the Respondents. The case has been argued at great length. During the course of arguments, an effort was made to resolve the dispute. It is brought to the attention of the Court that vide order dated 6.3.2021 passed by the Pakistan Bar Council on an appeal filed by Petitioner No. 1, the matter was remanded to the Executive Committee of Punjab Bar Council for its decision on merit, after providing an opportunity of hearing to all the parties.
3. In this regard, the basic contention of the Petitioners is that the matter of finalizing the voters' list as well as with respect to disputes that arose on election day that is 9.1.2021, an Observer Mr. Zabi Ullah Nagra, Advocate issued his report dated 15.1.2021 wherein he has clearly stated that he was available on election day till 01 PM and that the election process had not started until then. Learned counsel for the Petitioners stated that the fact that there was no election on that day is certified by the report of the Observer dated 15.1.2021, hence the impugned notification dated 9.1.2021 issued by Election Board showing that elections were held on 9.1.2021 is totally without basis as clearly the record shows that there were no elections held on 9.1.2021.
4. On behalf of the Respondents, an objection has been taken with respect to the maintainability of the instant Petition and in this regard reliance has been placed on Mirza Muhammad Nazakat Baig v Federation of Pakistan through Secretary , Ministry of Law and Justice, Islamabad and another (2020 SCMR 631).
Furthermore it is stated that the Pakistan Bar Council, in an effort to resolve the matter , gave the Petitioner an opportunity to appear before the Executive Committee of the Punjab Bar Council to ascertain the factual position with respect to the holding of elections on 9.1.2021 and decide the matter accordingly . Hence if the Petitioner go to the Executive Committee they can set out their case:
5. After much deliberations and with the consent of all the parties, subject to all legal objections on maintainability as raised by the Respondents and defended by the Petitioners on the ground of statutory violation while relying on Muhammad Shoaib Shaheen and others v. Pakistan Bar Council and others (PLD 2017 SC 231), in an attempt to resolve the matter amicably between the parties, in terms of order dated 6.3.2021 passed by the Pakistan Bar Council, Respondent No. 5 is directed to hear all the parties within a period of two weeks' time on the issue of whether the tehsil bar election took place on 9.1.2021 and whether the Petitioners have made out a case that fresh elections should take place in Tehsil Bar Ferozewala in light of the report of Observer dated 15.1.2021. In this regard, the order of this Court dated 13.4.2021 passed in CM No. 2/2021 will continue until a decision is made by Respondent No. 5. In the event that Respondent No. 5 decides the matter in favour of the Petitioners then it should issue directions to hold fresh elections for Tehsil Bar Ferozewala and in the alternate if it concludes that fresh elections are not required then the notification dated 9.1.2021 can be restored and become effective. So far as the show-cause notices dated 3.4.2021 issued by Respondent No. 5 is concerned, it is resolved that no disciplinary action will be taken against the Petitioners and the notices so issued are withdrawn.
6. Disposed of in the above terms.