1. ' Petitioner through this Constitutional petition has taken exception to the order, dated 5-6-2000 whereby respondent No,6 Rana Muhammad Aslam has been directed to continue as President of the Bar Council, Tandlianwala.
2. ' Facts briefly are that the annual general election of the Bar Association, Tandlianwala was scheduled to be held on 14-1-2000. Prior to it an "Election Committee" comprising of three Senior Advocates, namely, Malik Nasar Ali Awan as its Chairman, M/s. Manzoor Qadir Bhatti and Zafar Ali Kalsoom was constituted under Rule 46 of the Punjab Rules of Business of Bar Association (Memorandum of Association) framed by Punjab Bar Council in exercise of its power conferred by section 56 of the Legal Practitioners and Bar Councils Act, 1973 (Act XXXV) (hereinafter referred to as an Act). It is pertinent to mention here that on an application made on 28-12-1999 by respondent No,6 Rana Muhammad Aslam alongwith one Muhammad Iqbal, Advocate under Rule 30 of Rules of Bar Association (Model Form) for the appointment of a Member of the Bar Council, Faisalabad to supervise the election. Accordingly on the same day the Chairman, Executive Committee, Punjab Bar Council appointed Mr. Tanvir Rehman Randhawa a Member Bar Council from Faisalabad to supervise the election.
3. ' Learned counsel for the petitioner has argued that the petitioner secured 51 votes while respondent No,6 Rana Muhammad Aslam secured 49 votes as reflected from Annexure "A" duly verified by respondent No,3 Chairman "Election Committee". However, in an illegal manner the election result which was only signed by respondent No,3 alongwith Mr. Tanvir-urRehman Randhawa, respondent No,6 has been shown to have secured 51 votes in an illegal manner. To substantiate his stance he has stated that the two other members of the "Election Committee" never signed the alleged result. He has also taken objection to the appointment of Mr. Tanvir- urRehman Randhawa, Member, Punjab Bar Council who was appointed in an arbitrary manner by the Chairman Executive Committee in a hasty manner without there being any proper application as required under the Rules. He has also argued that the arguments in this case were heard only by the Chairman, Election Committee of the Punjab Bar Council while the other Members in spite of the fact that they were not present at the time of the arguments of the petitioner surprisingly had signed the impugned order.
4. ' Learned counsel appearing for the respondents' side has supported the impugned order. It has also been stated that the petitioner had got the other remedy of appeal before Pakistan Bar Council which has already been availed by one other Member.
5. ' Respondent No,3 Malik Nazir Ahmad Awan, Chairman of the Election Committee present in Court has denied his signature on Annexure "A" wherein the petitioner has been shown to have secured 51 votes. He has also stated that he could not get signatures of the other members on the election result as they had already left the place.
6. ' As far as the representation of the Punjab Bar Council is concerned I feel sorry in pointing out that in spite of the fact that Mr. Fouzi Zafar learned A.A.-G., twice contacted the functionaries for their representation but nobody bothered to appear.
7. ' I have considered the contentions and have gone through the documents appended with this petition. I must say at the very outset that respondent No,3 Malik Nasar Awan has taken waivering stances. Before me he has stated in categorical terms that he did not sign the other result sheets wherein petitioner has been shown to have secured 51 votes while in the impugned order he has taken different stance. The operative part of the impugned order is as under:--
12. Malik Nasar Ali Awan, Chairman, Election Board also appeared before the Committee on 10-4- 2000 and requested that he wants to make statement in camera as he feels his life in danger because of the tense situation created in the Bar by the two rival groups. He cannot afford to make any statement in presence of the parties. Due to the apprehensions expressed by Malik Nasar Awan, Chairman, Election Board, both the parties and their supporters were asked to vacate the Committee Room. Thereafter, both the election results were shown to Malik Nasar Ali Awan, Chairman, Election Board whereupon he acknowledged that both the election results were signed by him. He frankly admitted that the election result marked Annexure "B" is genuine one, and he also stated before the Committee that as per election result (Annexure 'B') Rana Muhammad Aslam was declared a successful candidate for the office of President by a margin of two votes. He frankly admitted that inadvertently he was forced to sign the election result mentioned in Annexure 'A', wherein it has been shown that Mr. Atta Ullah Khan Niazi obtained 51 votes. (Underline is mine).
8. ' On this very score the impugned order can be set aside. But there are other glaring illegalities committed in the holding of the election for which reference to Rule 46 of the Punjab Rule of Business of Bar Association (Memorandum of Association) and Rule 30 of the Rules of the Bar Association Model Form would be necessary which are as under:--
46. The President shall constitute an Election Board consisting of Chairman and two other Members. Seven days before the schedule for annual election announced by the Executive Committee. The Election Board shall consist of three senior members of the Association to conduct the annual election and to decide al, election issues. It shall remain in office for three months.
30. The Association shall inform the Provincial Bar Council at least a fortnight in advance of the date, time and venue of the holding of its Annual General Meeting at which elections are to take place. The Provincial Bar Council may depute its representative to be present at such meeting/elections and if the Executive Committee of the Provincial Bar Council so deems fit it may also appoint a person to. Act as Returning Officer for the purpose of the said elections of the Association.
9. The reading of Rule 46 clearly demonstrates that the Election Board would jointly conduct election and decide all these election issues. However, in this case it is admitted by all sides that the two members of the Board have not authenticated the result. Similarly the appointment of Mr. Tanvir- ur-Rehman Randhawa is illegal as according to Rule 30 quoted above the application can only be given by the Association. The word "Association" has been defined in Punjab Rules of Business of Bar Association (Memorandum of Association) as under:-- "Means the District/Sub-Divisional Bar Association (Or any other Bar Association) recognized by Punjab Bar Council."
10. In this case as admitted the application was never made by the Bar Association. It was respondent No,6 who alongwith one other Advocate moved said application on 28-12-1999 and Mr. Tnavir-ur- Rehman Randhawa was appointed on the same day in a hasty manner without giving any opportunity of hearing to any party and without looking into the fact whether said application was maintainable under any law or rules.
11. ' There is another important aspect of this case that Mr. Tanvir-ur-Rehman Randhawa, Member, Punjab Bar Council has addressed a letter to. The Chairman, Executive Committee, Punjab Bar Council on 14-1-2000 wherein he has taken exception to the conduct of respondent No,3. The operative part of this letter which is Annex. "C" is as under:-- "The Chairman, Election Board announced the abovementioned result in my presence and other Bar Members and Journalists. The Chairman, Election Board was time and again requested to hand over the copy of the result. But deliberately did not provide the same. This is the result for the post of President Mr. Rana Muhammad Aslam, Advocate has been elected as President, Bar Association, Tandlianwala for the year of 2000."
12. ' The aforesaid letter of Mr. Tanvir-ur-Rehman Randhawa, Member, Punjab Bar Council fully substantiates the stance of the petitioner that respondent No,3 has not conducted the election in a transparent and fair manner.
13. Resultantly for what has been stated above the writ petition is accepted and the impugned order, dated 5-6-2000 of the Executive Committee, Punjab Bar Council is hereby set aside.
14. ' Since there is tremendous bickering among the Members Bar. Association, Tandlianawala, as such, to have transparent Election, Vice Chairman, Punjab Bar Council or in his absence Chairman, Executive Committee shall appoint a committee of two or three Members, Bar Council of Faisalabad District to conduct the election of the Bar Association Tandlianwala on 29-7-2000.
15. There shall be no order as to costs.