1. Through this complaint the complainant has challenged the respondent that the respondent being elected Nazim of some Union council is not eligible to retain the licence as the provisions of Punjab Local Government Ordinance, 2001 has given the respondent a status of public servant.
2. The complainant in his complaint has argued that the provisions of Section 193 clearly indicates that any person who has been elected as a Nazim of any Union Council has been given the status of Public Servant so Under Section 175 An advocate shall not join or carry on any other profession, business, service or vocation or shall not be an active partner or a salaried official or servant in or be subject to the terms and conditions of service or the Government, Semi-Government or autonomous body or any - other organization or institution public or private". So it is a clear violation of Section 175 of Punjab Bar Councils Act and the respondents are not entitled to retain the licenses as an advocate as they have joined the Government as public servants.
3. On the other hand the respondent-advocate has appeared before the Committee personally to assist us and maintained the arguments as that any Nazim or Naib Nazim or any other elected Member does not come within the ambit of public service as he does not given any salary nor he is appointed by any Government. Moreover that the provisions of Civil Servants Act do not apply to the status of any elected Member nor any remedy has been given by the Government in Civil Servants Act. It is also contended by the respondent advocate that only honorarium is given to the elected members for the maintenance of their offices. Hence this complaint is meritless.
4. We have heard the arguments of both the parties. As an advocate happens to a social worker and he actively participates in all the activities of society. Moreover it is a requirement of the time that the advocates should actively participates in the field of politics being aware with the law & rules. Hence this complaint is meritless and is dismissed.