| Case ID |
1b882907-e6f4-4efb-b823-c27382833a3b |
| Body |
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| Case Number |
Writ Petition No. 2233 of 1999 |
| Decision Date |
Jul 27, 1999 |
| Hearing Date |
Jul 09, 1999 |
| Decision |
The Lahore High Court accepted the petition, declaring the order dated 30-1-1999 of the Chairman of the Appeal Committee to be without lawful authority and of no legal effect. The court emphasized that the appeal must be decided by a committee consisting of 3 to 5 members as per the rules. The court restored the order of the Executive Committee of the Punjab Bar Council, which had declared the petitioner duly elected as the President of the Bar Association of Minchanabad. The decision highlighted the importance of following established legal procedures and maintaining the integrity of the election process within the Bar Association. |
| Summary |
This case revolves around the election of the President of the Bar Association of Minchanabad, where the petitioner, MUHAMMAD SALEEM CHOTIA, was elected following a draw of lots. The election was challenged by the respondent ZAFAR IQBAL OWASI through an appeal to the Pakistan Bar Council's Appeal Committee. However, the Chairman of the Appeal Committee acted alone, suspending the election result, which led to the challenge in the Lahore High Court. The court ruled that the Chairman's actions were not in accordance with the Pakistan Bar Council Appeal Rules, which require a committee of multiple members to make such decisions. This case underscores the significance of adhering to procedural norms in legal and electoral processes, thereby ensuring fairness and justice. It serves as a critical reminder that when a specific procedure is prescribed by law, it must be followed strictly, and actions taken outside of that framework are deemed invalid. Keywords associated with this case include 'legal procedure', 'election integrity', 'Bar Association', 'Pakistan Bar Council', and 'constitutional jurisdiction'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN NAZIR AKHTAR, J
|
| Lawyers |
Ch. Riasat Ali,
Rai Muhammad Tufail Khural
|
| Petitioners |
MUHAMMAD SALEEM CHOTIA
|
| Respondents |
ZAFAR IQBAL OWASI,
BAHAWALNAGAR
|
| Citations |
1999 SLD 1192,
1999 PLD 446
|
| Other Citations |
1991 SCMR 668
|
| Laws Involved |
Pakistan Bar Council Appeal Rules, 1986,
Constitution of Pakistan (1973)
|
| Sections |
Rr. 3 & 5,
Art. 199
|