| Case ID |
f5d100a0-80cc-4be3-903e-a632dd21d687 |
| Body |
View case body. Login to View |
| Case Number |
D-5948 of 2014 |
| Decision Date |
Aug 04, 2015 |
| Hearing Date |
May 18, 2015 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners challenging the election results of the Sindh Bar Council held on November 8, 2014. The court found that the petitioners raised generalized and vague allegations of rigging and irregularities that were not substantiated by evidence. The court emphasized that the disputed facts raised by the petitioners could not be examined under Article 199 of the Constitution, as they required evidentiary support. The court also pointed out that the petitioners failed to utilize available alternate remedies under the Legal Practitioners and Bar Councils Rules, 1976, specifically by not approaching the Election Tribunal as mandated. The petition was dismissed on the grounds of lack of merit and maintainability. |
| Summary |
In the case of AQEEL AHMED ABBASI AND SYED SAEEDUDDIN NASIR, JJ, the Sindh High Court decided on a constitutional petition regarding the election results of the Sindh Bar Council for the term of 2015-2019. The petitioners, including MUHAMMAD ASHRAF SAMOO and others, alleged various irregularities and illegalities in the electoral process, which they claimed had affected the election outcome. However, the court found that the allegations were not supported by sufficient evidence and were based on disputed facts that could not be resolved within its jurisdiction. The judgment highlights the importance of following legal procedures for election disputes as prescribed in the Legal Practitioners and Bar Councils Rules, 1976. The court's dismissal of the petition underscores the necessity for candidates and voters to utilize the appropriate legal channels for resolving election-related grievances. The ruling serves as a reminder of the legal framework governing bar council elections and the importance of adhering to established procedures to ensure transparency and fairness in the electoral process. This case is significant for legal practitioners and advocates, emphasizing their rights and the mechanisms available for addressing electoral disputes effectively. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AQEEL AHMED ABBASI,
SYED SAEEDUDDIN NASIR
|
| Lawyers |
Z. K. Jatoi,
Abdul Waheed Kanjoo,
Ms. Afroze (Ahsan) Haq,
Khalid Latif,
Mustafa Lakhani,
Salah-ud-Din Khan Gandapur,
Farhatullah,
Muhammad Aqil,
Irfan Ahmed Siddiqui,
Salah-ud-Din Ahmed,
Hakim A. Shaikh,
Abid S. Zuberi,
Saad Siddiqui,
Sabir Shah, Advocate,
Peer Derwesh, Advocate,
Tariq Mehmood A. Khan
|
| Petitioners |
30 others,
MUHAMMAD ASHRAF SAMOO
|
| Respondents |
SINDH BAR COUNCIL through Secretary,
59 others
|
| Citations |
2016 SLD 1049,
2016 PLD 318
|
| Other Citations |
Ghulam Mustafa Jatoi v. Addl. District and Sessions Judge and others 1994 SCMR 1299,
Syed Zafar Ali Shah v. Hamid Khan and others 1992 CLC 665,
Muhammad Saleem v. Provincial Election Authority Sindh and others PLD 1985 Kar. 135,
Muhammad Baran and others v. Member, Settlement and Rehabilitation and others PLD 1991 SC 691,
Lt. Col. Farzand Ali and others v. Province of West Pakistan PLD 1970 SC 98,
Chaudhry Salahuddin, MLA v. Haji Ghulam Muhammad and others PLD 1957 (WP) Lah. 728,
Muhammad Tariq Malik v. Pakistan through Secretary Establishment and others PLD 2014 Isl. 38,
Sanaullah Khan Gandapur v. Advocate General, N.-W.F.P. and others 1995 SCMR 79,
Rana Moen Akhtar v. Additional Collector, Customs SBLR 2015 Sindh 01,
Allah Ditta v. Muhammad Munir and others PLD 1966 (WP) Lah. 770,
Muhammad Mustafa v. Syed Zafar Ali Shah and others PLD 2014 Sindh 224,
In the matter of Human Rights Case Nos. 4668 of 2006, 1111 of 2007 and 15283-G of 2010 PLD 2010 SC 759,
Islamic Republic of Pakistan v. Israrul Haq and others PLD 1981 SC 531,
Munir A. Malik v. Malik Muhammad Qayyum and others PLD 2007 SC 262,
Tariq Mehmood A. Khan and another v. Sindh Bar Council 2012 SCMR 702,
Sanaullah Khan Gandapur v. Advocate General, NWFP/Returning Officer and others PLD 1997 Pesh. 80,
Javed Iqbal and another v. Returning Officer and others PLD 2005 Quetta 121
|
| Laws Involved |
Legal Practitioners and Bar Councils Rules, 1976,
Constitution of Pakistan
|
| Sections |
11,
13,
22(1),
61,
199
|