The controversy pertaining to office of the President Lahore High Court Bar Association (LHCBA) again took a turn here, on Thursday, when the Lahore High Court (LHC) suspended the Pakistan Bar Council (PBC)'s orders declaring Munawar Gondal as bar President on a petition filed by Justice (retd) Nasira Iqbal.
The Appeal Committee of PBC on Wednesday had declared Munawar Iqbal Gondal as President LHCBA after setting aside the election wherein Nasira was elected as President. Earlier, the LHC, admitting an application of Nasira Iqbal, had issued notices to Gondal and PBC for October 16. After obtaining stay order Nasira, along with her supporters, took the charge of presidential office and her allies removed the nameplate of Munawar Iqbal Gondal from the Committee Room of the bar.
Ahmad Awais representing Nasira pleaded that PBC acted in a mela fide manner by purportedly passing the order and not making it available. He, however, said a press release in this regard was issued by the secretary of PBC. Counsel argued that upon the vacancy of the office of the bar president the said office was required to be filled through election in terms of Rules 20 and 21 of the bar.
He said that the decision of PBC was in direct conflict with observations given by the court in an earlier petition on the matter. The court had observed, "The rules are meant to be followed, obeyed and are made in order to avoid and eliminate the traditional or customary elements in the performance of an activity".
"If an account of any mutual understanding of the Bar, in past, a Vice President has been allowed to act as the President and none has raised any objection or demanded for another election, it does not mean that the relevant rule, which is express and clear on the subject and a part of the rules of the association, stands annulled and extinguished and should not be followed." the court added. The court observed that the contentions of the counsel were not without force, hence, suspended the operation of PBC decision and issued notices.