' MIR HAZAR KHAN KHOSO, C.J.---The petitioner has challenged the order of Returning Officer to the Senate for Balochistan, dated 2nd of March, 1991 and order dated 6th of March, 1991 passed by Chief Election Commissioner, whereby appeal of petitioner against the aforesaid order of Returning Officer was dismissed.
2. Facts in brief, for disposal of this petition, are that petitioner filed nomination papers for election to Senate against reserved seat of Professional allocated to the Province of Balochistan. The Returning Officer on the day of scrutiny examined all the points raised before him and passed order dated 2-3-1991 whereby his nomination papers were rejected. Relevant portion of the order is reproduced hereunder.
"3. In view of what has been discussed above and after listening the arguments of Mr. Muhammad Anwar Durrani and Mr. Khalid Malik, Advocate I am of the opinion that Mr. Durrani has failed to establish that he is man of distinction in his profession or possesses any Professional competence as envisaged in the law."
' The petitioner challenged the order of Returning Officer before the Chief Election Commissioner, the appeal also met with same fate and was dismissed vide order dated 6th of March, 1991.
3. In support of the petition, Mr. Tariq Mahmood, learned counsel for petitioner, has contended as follows:--
(i) Petitioner being a practising lawyer in Quetta Bar has Special knowledge of law therefore, he is qualified to contest the election in Senate against reserved seat of Professionals.
' Petitioner was appointed twice as a Special Assistant to Chief Minister with a status of Provincial Minister on legal matters and information by the Government of Balochistan vide Notification dated Ist of April, 1989, and subsequently during tenure of Care Taker Provincial Government, he was again appointed on 19th August, 1990 as Special Assistant to Chief Minister with a status of Provincial Minister on legal matters and information. In view of these two assignments of the High Office, the petitioner has attained distinction in profession of law.
' Petitioner was elected by the members of Balochistan Bar Association, twice as General Secretary and once as Vice President, which amounts to recognition of his professional qualification.
4. On the other hand, Mr. Riaz. Ahmad learned Standing Counsel has opposed the petitioner by contending:-- ' That there are concurrent findings of facts recorded by respondents against the petitioner thus in writ jurisdiction such findings cannot be interfered with.
(ii) That petitioner does not fall within the category of professional as defined under Article 5 of the Houses of Parliament and Provincial Assemblies (Election Order), 1977.
(iii) That mere appointment as Special Assistant or Advisor to Chief Minister of Province, will not create any professional distinction in his favour. To strengthen his arguments he stated that in the notification of his appointment as Advisor to Chief Minister it is not mentioned that in recognition of his high calibre or knowledge in any special field of law, he is being appointed as Special Assistant to Chief Minister of . Province.
5. Raja M. Afsar, learned Advocate-General also argued the case at length and opposed the petition on various grounds. The main thrust of his arguments was that petitioner has not shown any remarkable performance in field of law as an Advocate and he does not possess knowledge in a special area of law and just qualifying examination of LL.B. And getting himself enrolled as an Advocate is not sufficient to claim himself a man of distinction in the profession of law.
6. In order to decide the moot question involved in this case, i,e, whether petitioner does possess qualification of a professional or technocrat within the meaning of Article 5 of the Houses of Parliament and Provincial Assemblies (Election Order), 1977 or not it would be profitable to reproduce the definition of word Professional as explained in abovequoted law:-
(c) "Professional" means a person of distinction with nationally or internatinally recognised' professional qualifications and practical experience at a high level in a specialised area of knowledge who has been practising in his specialisation by adopting it as his principal calling, vocation or employment."
The analysis of the definition of word 'Professional' indicates that following requirements are to be fulfilled by a candidate in order to make himelf qualified for contesting election in Senate against the reserved seat for Professionals.
(i) He must be a person of distinction; ' He must possess nationally or internationally recognized professional qualification.
(iii) He must have practial experience at a high level in a specialised area of knowledge; and
(iv) He has been practising in his specialised field as his principal calling; vocation or employment.
7. Keeping in view above requirements of law, it is necessary to examine column No,10 of nomination papers, where petitioner has given his special qualification and skill, the same reads as under;-- "MA., LL.B. Lawyer. Practising as an Advocate Civil and Criminal side. More than 15 years. Advocate of High Court."
' In the sheet annexed with the nomination papers following facts have been stated by the petitioner:-- "(1) Struggled for "Rule of Law" for instance, filed Constitutional petition in the High Court of Balochistan as an Advocate, challenging the illegal "Dissolution of Balochistan Provincial Assembly".
The Assembly was restored by the High Court. The said decision is unique in the history and is in fact a landmark for future.
(2) During his tenure as Special Assistant to the Chief Minister, Govt. Of Balochistan for Legal Affairs, with the status of Provincial Minister, actively participated in Constitutional requirement relating to separation of judiciary.
(3) During the previous Martial Law Regime, when the powers of judiciary were usurped he actively participated in various lawyers conventions for restoration of Rule of Law, independence of judiciary and revival of Democracy. Such conventions were held on national scale, at Karachi, Peshawar and Lahore in year 1981 and 1983. He participated and addressed in said conventions as Acting President of Balochistan Bar Association which is a body of Lawyers of entire Balochistan.
(4) That UNICEF (an organ of United Nations Organization) have held Seminars on the "Children Rights" at Quetta and Ziarat in the year, 1990 where he addressed in the capacity of Legal Expert.
(5) He is active member of Human Rights Commission and had been participating in all such functions which relate to law.
(6) He rendered legal advice in Pushto Programme broadcast from Quetta Radio Station."
8. The credentials given by petitioner in nomination papers are not sufficient to hold, that he is a man of distinction in legal profession.
9. In order to prove this requirement of law, it was incumbent upon him to show high performance of his calibre, achievement and competency in the profession of law, so he could have placed himself at a high pedestal, comparing to other members of profession. He also does not possess any other professional qualification, which is recognized nationally or internationally, merely obtaining the decree of law and getting himself enrolled as an Advocate, is not sufficient to satisfy this condition; in this context, no material is available on record to prove his special qualification in the field of law, on the basis of which he was recognized nationally or internationally. Similarly no iota of evidence was produced before us to point out hit practical experience at a high level in a special area of knowledge and there is also no indication on record to show that he was practising in any special field of law. It may be observed that the Constitution has created reserved seats for Professionals in the Highest Legislative Body i,e, Senate, therefore a candidate who has just qualified an examination would not be able to represent his class of profession effectively. The Hon'ble Supreme Court has considered this legal proposition in case of Farooq Hussain v. Mumtaz Ahmad, reported in PLD 1988 SC Page 237. Relevant portion at page 253 is reproduced below:- "The reservation made for a distinct professional or occupational group in the highest legislative body of the country is an exception and a special provision which has to be interpreted strictly and only those who satisfy the conditions of competence, of qualification, or experience and of standing as prescribed in the law can be held eligible. There can be no relaxation of the requirement of the law."
10. The petitioner has not demonstrated before us anything to show that due to extraordinary eminence and excellence or efficiency in field of law he has made remarkable performance amongst the members of legal fraternity which had made him a person of distinction and due to outstanding credentials in his favour in the rank of Advocates, he has placed himself at a high level.
11. As field of law is a vast field and there are many branches of law, thus any person who is putting himself as a candidate in Senate against reserved seat for professional, he has to point out about his achievements, research work etc. In order to bring himself within the definition of professional.
The high knowledge of law should also be of such a category which is recognized nationally and internationally, as for instance, in our country we can refer to many eminent jurists like late A.K.
Brohi and Mahmood All Qasoori. They were prominent in the profession as they had made full justification with their job, resulting in production of creative and research work which is recognition of their high knowledge in special area of law.
12. Although an Advocate has the knowledge of law, but to prove himself as professional, he has to prove an extraordinary competency in the field of law. In absence of such like thing, no relaxation can be given to anyone, we should keep in our mind that compromise in relaxing the requirement of law, in fact would amount to circumvent the status of institution of Senate which is a highest legislative body in the country.
13. Indeed to be a member of Senate against reserved seat of Professional itself is a matter of great pride and privilege and before assuming such high office one should prove his talent and knowledge by making himself a more distinctive person than the others.
14. The great thrust of the petitioner's counsel was that he was appointed twice as Special Assistant to Chief Minister of Balochistan on legal matters as such, on this he can claim distinction in the legal profession. The perusal of the Notifications of appointment dated 1-4-1989 hand 19-8-1990 indicates that petitioner's appointments were made by Government of Balochistan in pursuance of Rule 9(b)(c) of the Rules of Business, 1976. However, this rule does not provide any acedemic qualification for the appointment of Advisor or the Special Assistant to Chief Minister. For reference above rule is quoted below:-- "9-B. There may be a Special Assistant or Special Assistants to the Chief Minister with such status and functions as may be determined by the Governor on the advice of the Chief Minister.
9-C. There may be an Adviser or Advisers to the Chief Minister with such status and functions as may be determined by the Governor on the advice of Chief Minister."
Since the appointment of petitioner was a matter of discretion therefore it would not amount to recognizing his legal knowledge in profession and this would also not make him known nationally and internationally with reference of his special knowledge in the field of law. The upshot of the above discussion is that petition having no force is ordered to be dismissed with no order as to costs.
' This constitutes the reasoning of our short order of even date.