Const. P. 1611/2020 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2017 · Before Yousuf Ali Sayeed

Mr. Sarfaraz Ali Metlo advocate for the petitioner No. 2, 4 & 5 a/w Mr. Hassan Wasim Ursani advocate and Mr. Samil Malik Khan advocate and Mr. Ghulam Rasool Korai advocate. Mr. Akhtar Hussain, Member, Pakistan Bar Council Mr. Muhammad Azam Khan advocate, Chairman Executive Committee, Sindh Bar Council a/w Mr. Muhammad Rizwan Khan advocate. Syed Haider Imam Rizvi, Member Sindh Bar Council. Mr. Zia ul Haq Makhdoom, President Sindh High Court Bar Association, Karachi. Mr. Bhagwandas Bheel advocate/Intervener (CMA No. 7975 of 2020 a/w Ms. Qirah Motiwala advocate. Mr. Ayaz Hussain Tunio advocate/Intervener (CMA N.o. 8960/2020) a/w Mr. Asadullah Soomro advocate. Mr. Salahuddain Ahmed advocate for the Intervener Mr. Ayaz Hussain Tunio and Mr. Saifullah Abbasi, Advocate. ****** Muhammad Ali Mazhar, J: Mr. Arshad Pathan advocate, chairman of petitioner No.1. Mr. Sarfaraz Ali Metlo advocate has filed vakalatnama for petitioner No. 2, 4 and 5. The petitioner No.2 is represented by Mr. Arshad Hussain Pathan advocate. Mr. Akhtar Hussain, Member, Pakistan Bar Council is present and is representing Pakistan Bar Council. Mr. 2 [C.P. No. D-1611 of 2020] Muhammad Azam Khan advocate, Chairman Executive Committee, Sindh Bar Council. Mr. Bhagwandas Bheel advocate/Intervener has filed CMA No. 7975 of 2020. Mr. Ayaz Hussain Tunio advocate/Intervener has filed CMA No. 8960/2020 who is present with his counsel Mr. Salahuddain Ahmed advocate.

2. Mr. Arshad Pathan advocate argued that he is Chairman of Election Committee constituted to hold election of Sindh High Court Bar Association Hyderabad 2020. He further argued that the Election Committee was constituted by the present Executive Committee of the Sindh High Court Bar Association Hyderabad. The election of the aforesaid association was to be held on 07.03.2020 but due to appeal No. 49/2020 filed by Mr. Mumtaz Alam Leghari advocate and eight other against the order passed by the Sindh Bar Council dated 08.02.2020 on the complaint of Mr. Fahad Ali Abro, Vice President, Sindh High Court Bar Association Hyderabad the election was withheld and subsequently Sindh Bar Council nominated two members to hold election which letter is also under challenge through this constitution petition. The main issue which cropped up between the members of the Bar is voters’ list which was not properly verified and raised some cause of concerns by the members and candidates intend to contest the elections.

3. Mr. Arshad Pathan advocate further submits that list of the voters/members was sent to the Sindh Bar Council which was not verified which fact is admitted by Mr. Muhammad Azam Khan, Chairman Executive Committee, Sindh Bar Council. We also feel it necessary that the list is properly verified by the Sindh Bar Council with regard to dual membership which needs to be threshed out by the Sindh Bar Council before the date of election so also the eligibility of the candidates and voters whether they are entitled to contest and cast their votes in the Sindh High Court Bar Association Hyderabad Election. 3 [C.P. No. D-1611 of 2020]

4. Since all advocates present in court including representative of Pakistan Bar Council, Sindh Bar Council stated that elections should be conducted to an early date without any further delay and aft…

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