' Mr. Khadim Hussain Qaiser has filed this petition challenging order dated 2-11-1995 passed by the Executive Committee of District Bar Association, Gujrat whereby it was decided that Members, Punjab Bar Council who are Ex Officio Members of the Executive Committees of their respective Bars, at the strength of proviso added to Article 5(f) of Memorandum of Association, 1981, have no right to cast their votes in the Executive Committee decisions.
2. Order dated 2-11-1995, above-referred, is appealable under Rule 7.8 of the Punjab Legal Practitioners and Bar Councils Rules, 1974, hence this petition, on request of the petitioner, is converted into appeal and is being decided, as such.
3. On 16-11-1995 respondent No,1 had requested for an adjournment on the ground of his professional pre-occupation at Gujrat whereas similar request was made by the respondents Nos.2 and 3 and on their request, the case was adjourned to 7-12-1995 today, they are again absent, so they are proceeded against ex parte. The remaining respondents Nos.4 to 7 are already ex parte by virtue of order dated 16-11-1995.
4. We have heard the appellant at a considerable length and have pursued the relevant provisions of law, with written reply by the respondent. It is contended by the appellant that Advocate- General, who is a Chairman of Punjab Bar Council enjoys latter status by virtue of his office of Advocates-General, under the provisions of section 5(1) of the Legal Practitioners and Bar Councils Act, 1973, and in this capacity has a right of casting vote in General Meeting of Punjab Bar Council; and similar is the position of Attorney-General, who exercises the right of vote in the meetings of the Pakistan Bar Council, and as such, a Chairman of the Pakistan Bar Council. It is also contended that Members Punjab Bar Council have also a right of vote and are Members of the Executive Committee with similar status and rights, as Members of the Executive Committees, elected under the provisions of Memorandum of Association, 1981.
5. Respondents in their written reply dated 7-12-1995 have claimed exclusion of Members of the Punjab Bar Council from right of vote at the strength of Article 24 of the Memorandum of Association, 1981, but we are afraid that this stand of the respondents has no legs to stand because Article 24 supra, simply gives constitution of Executive Committee, and if this provision read with Article 5(f) is applied the matter becomes absolutely clear that the Members of the Punjab Bar Council are part and parcel of the Executive Committee and have a right of vote during decisions taken by the Executive Committee. Even otherwise, there appears to be no logic in making the Members Punjab Bar Council, a part of the Executive Committee, if they are not given the right of vote.
6. We have also considered the definition of word "ex officio" given in the Concise Oxford Dictionary and Webster's New World Dictionary, wherein this word connotes to carry the meaning of:--- "By virtue of one's office or status."
' From these Dictionaries' meaning, it is also clear that the members of the Punjab Bar Council are on equal footing to that of the Members of Executive Committees of the Bar Association throughout the Punjab, who are elected under the Memorandum of Association, 1981.
7. We have ourselves scanned the entire case-law, but could not lay our hands to any judgment in support of respondent's stand that a person who is entitled to a status by virtue of his office, has no right to participate in the proceedings in his this capacity or to exercise right of vote.
8. Concluding this order, we are of the considered view that the status given to the Members Punjab Bar Council by virtue of Article 5'(f) of the Memorandum of Association, 1981, all the Members of the Punjab Bar Council, throughout the Punjab Council, are Ex Officio Members of their respective Bar Associations, and they have a right to participate in the meetings of the Executive Committee and to exercise right of vote whenever and wherever it is needed.
9. With above observations, the appeal succeeds, we set aside the order dated 2-11-1995 passed by the Executive Committee, impugned before us with no order as to cost.
10. Copy of this order be circulated to all the Bar Associations within Punjab.