Through this Petition, the Petitioner has impugned order dated 20.10.2020 passed by Respondent No. 2 being the Chairman Executive Committee of the Pakistan Bar Council.
2. The case of the Petitioner is that he is contesting the elections of the Supreme Court Bar Association Pakistan ("SCBAP"), for the office of Vice President for the Province of KPK; that no objections were raised against his nomination papers, hence he proceeded as per the election schedule with his campaign. The Petitioner received a call from the Pakistan Bar Council, Islamabad on 16.10.2020 that an appeal filed by Respondent No. 3 was pending and that he should appear before the Executive Committee on 19.10.2020. The Petitioner in person along with his counsel argued that filing of the appeal and the hearing of the appeal is totally contrary to the election schedule issued under Rules 13 and 14 of the Supreme Court Bar Association of Pakistan Rules, 1989 ("Rules ").
Learned counsel argued that the Petitioner has a right to participate in the elections which are to be held as per election schedule and that the Responde nts cannot violate the requirements of the Rules as the same amounts to disenfranchising the Petitioner . Learned counsel further argued that the appeal was barred by time and the direction to remove the name of the Petitioner from the list of candidates on 19.10.2020 and 20.10.2020 is in contravention to the process issued under the election schedule, as well as with mala fide intent.
3. On behalf of the Respondents, it is argued that the constitutional petition is not maintainable. Reliance has been placed on the order dated 28.1.2020 passed by the august Supreme Court of Pakistan in Civil Appeal No. 1729/2019 titled Mirza Muhammad Nazamat Baig v. Federation of Pakistan through Secretary Ministry of Law and Justice, Islamabad and another wherein it is categorically held that constitutional petition against the SCBAP is not maintainable. The Respondent counsel also relied upon Abdul Sattar Chughtai Malik v. Pakistan Bar Council through Secretary and another (PLD 2007 Lahore 170) on the basis of which it is clear that the rules of the Supreme Court Bar Association are not statutory , hence any violation claimed thereof is not amenable to writ jurisdiction.
4. The preliminary issue before the Court is with respect to maintainability of this constitutional petition. In terms of the order of the august Supreme Court of Pakistan dated 28.1.2020 passed in Civil Appeal No. 1729/2019, a constitutional petition against the SCBAP is not maintainable as the Federal Government does not have any administrative control over the affairs of the SCBAP , the function of the SCBAP is not in connection with the affairs of the Federation, the Provinces or the local authority as contemplated under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") and it is an autonomous body which generates its own funds.
Consequently a constitutional petition does not lie against SCBAP . Further that the Rules are not statutory hence any violation of the Rules cannot be enforced though a constitutional petition.
5. Learned counsel for the Petitioner when confronted with the same could not justify the maintainability of the instant Petition as he has impugned order dated 20.10.2020 passed by Respondent No. 2 being the Executive Committee of Pakistan Bar Council he seeks a direction against Respondent No. 4 being the Chairman Election Board, SCBAP comply with the dates given in the election schedule, meaning the enforcement of Rules 13 and 14 of the Rules. They have placed reliance "Mrs. Nasira Iqbal v. Appeal Committee (Punjab No. II), Pakistan Bar Council through Chairman and 5 others" (PLD 2010 Lahore 175), which is not relevant given the Supreme Court judgment relied upon. They have also relied upon "Pakistan Defence Officers Housing Authority v. Mrs. Itrat Sajjad Khan and others " (2017 SCMR 2010 ), which also requires that the rules be statutory in order for it to be enforced in constitutional jurisdiction. Hence the cases relied upon are not relevant for the purposes of the Petitioner's case on maintainability . In the case Pakistan Olympic Association through President and others v. Nadeem Aftab Sindhu and others (2019 SCR 221) the august Supreme Court has held that in order for a constitutional petition to be Maintainable against an, association under Article 199(1)(c) of the Constitution, the association must perform functions in relation to the Federal or Provincial Government and must be under the control of the Federal or Provincial Government. Subsequently the order relied upon dated 28.1.2020 clarifies the issue specifically with reference to SCBAP. Therefore, in terms of the august Supreme Court judgments, this constitutional petition is not maintainable against SCBAP .
6. Under the circumstances, the instant petition in dismissed for being not maintainable.