June 26, 2020
PRESS RELEASE
Reformation of election process of Bar Councils
and Bar Associations.
In view of rampant unhealthy and corrupt practices being used in elections of Bar bodies and growing tendency of lavish spending of money in election campaigns in utter disregard to relevant Rules, the Pakistan Bar Council, on recommendations of its Judicial and Electoral Reform Committee, has brought about amendments in the “Pakistan Legal Practitioners & Bar Councils Rules, 1976” for reformation of the process of elections of Bar Councils and Bar Associations for (i) weeding out the obnoxious growth of using huge amounts of money, in different forms, for getting favourable election results, and (ii) ensuring free, transparent and fair election process so that the honest, upright and really professional and active practicing Advocates, may also feel encouraged for contesting election to coveted posts of Bar bodies.
The amendments so proposed in different provisions of the “Pakistan Legal Practitioners & Bar Councils Rules, 1976”, are reproduced herein below:-
1. Amendment of Rule 10-A.
The existing Rule 10-A, has been substituted by the following:-
“10A (1). No prospective and/or contesting candidate or his/her supporter/s shall canvass for votes through advertisement, banners, pla-cards, stickers, panaflex, hoardings, calendars, dairies, key-chains and posters etc,. He/She may, however, solicit support through personal contact and by issuing letters and visiting cards of the masximum size of 3×5 inches on which he/she may also display
his/her photograph. No prospective and/or contesting candidate or his/her
supporter/s shall use or show of any kind of weapon during election campaign
or on the day of election.”
Provided that no prospective and/or contesting candidate or his/her supporter/s shall canvass for votes by approaching a voter, directly or indirectly, at his/her residence.
(2) No meal/lunch/dinner/breakfast/hi-tea by a contesting candidate or his/her supporter/s will be given to voters directly or indirectly in connection with election campaign;
(3) It shall be the pre-requisite that a contesting candidate is purely a professional practicing Advocate. To meet the requirement being of a professional practicing Advocate, the candidate shall file certified copies of powers of attorney at least of his/her 20 cases per year relating to preceding 3 years, together with certified
( 2 )
copies of final decisions/orders/judgments given/passed by the Court concerned at least in his/her 25 cases independently conducted by him/her in the District Courts and 25 cases independently conducted by him/her in the High Court, during the period of his/her practice.”
2. Addition of new Rule 10-B:
After the Rule 10-A, as amended, the following new Rule 10-B, has been added:-
“10-B. Any violation of Rule 10-A shall be treated as “misconduct” disqualifying/disentitling the prospective and/or contesting candidate to contest election for the Bar Council.”
3. Amendment of Rule 15:
The existing Rule 15, has been substituted by the following:-
“15. The Returning Officer shall, for the purpose of conducting the election, appoint such number of Presiding Officers, not below the rank of Additional District and Sessions Judge, as he may consider necessary, for his assistance.”
4. Amendment of Rule 175-H:
The existing clauses (a) & (b) of Rule 175-H, have been substituted by the
following:-
(1) “(a). No prospective and/or contesting candidate or his/her supporter/s shall canvass for votes through advertisement, banners, pla-cards, stickers, panaflex, hoardings, calendars, dairies, key-chains and posters etc. He/She may, however, solicit support through personal contact and by issuing
letters and visiting cards of the maximum size of 3×5 inches on which he/she may also display his/her photograph. No prospective and/or contesting candidate or his/her supporter/s shall use or show of any kind of weapon during election campaign or on the day of election.”
Provided that no prospective and/or contesting candidate or his/her supporter/s shall canvass for votes by approaching a voter, directly or indirectly, at his/her residence.
(b) No meal/lunch/dinner/breakfast/hi-tea by a contesting candidate or his/her supporter/s will be given to voters directly or indirectly in connection with election campaign;”
(2) The existing part (i) of the “Explanation” under clause (c), has been substituted by the following:-
“To meet the requirement of being a professional Advocate, it will be mandatory that a candidate for the office of President shall file certified copies of powers of attorney at least of his/her 20 cases per year relating to preceding 3 years, together with copies of final decisions/orders/judgments given/passed by the Court concerned at least in his 50 cases independently conducted by him/her during the period of his/her practice, in Sub-Divisional Courts, District Courts or the High Court, for contesting election of a Bar Association at Sub-Divisional/Taluka, District or High Court level, as the case may be.
(3)
However, each candidate for the offices of Vice-President and Secretary shall file certified copies of powers of attorney at least of his/her 10 cases per year relating to preceding 3 years, together with copies of final decisions/orders/judgments given/passed by the Court concerned at least in his/her 30 cases independently conducted by him/her during the period of his/her practice; whereas each candidate for the offices of Finance Secretary, Library Secretary and Members of Executive Committee etc. shall file certified copies of powers of attorney at least of his/her 05 cases per year relating to preceding 3 years, together with copies of final decisions/orders/judgments given/passed by the Court concerned at least in his/her 10 cases independently conducted by them during the period of his/her practice.”
(3) After existing clause (c), as amended, the following new clause (d) has been added:-
“(d) Any violation of clause (a), (b) and/or (c) above, shall be treated as “misconduct” disqualifying/disentitling the prospective and/or contesting candidate to contest election for a seat of the Bar Association concerned.”
5. Amendment of Rule 175-I:
The existing Rule 175-I, has been substituted by the following:-
“175-I Nomination of the Election Board:
(1) The President of the concerned Bar Association shall nominate within
three months of his election, the Chairman and four members of the
Election Board, two of whom would be the immediate former Presidents of
the concerned Bar Association, duly qualified as per requirements of sub-
rule (2), and the Board so nominated shall look after and deal with all
matters necessary for and ancillary to, for ensuring holding of fair, free
and transparent election of the Bar Association concerned;
(2) The qualifications for the Chairman and Members of the Election Board,
for holding election of a Bar Association, shall be as under:-
(a) For the election of District and the Tehsil/Taluka Bar Association,
the Chairman shall have the standing as an Advocate of the lower Courts for 15 years whereas the Members for 7 years; and
(b) For the election of the High Court Bar Association the Chairman
shall have the standing as an Advocate of the High Court for 15
years whereas the Members for 10 years.
(3) The Election Board shall ensure that requirements of Rule 175-H, are implemented by all concerned, in letter and spirit, and in case a candidate or his/her supporter/s is/are found delinquent and violating requirements of the said Rule, it may file a reference to the respective Bar Council for action against him/them in accordance with the Rules.
(4) The Chairman Election Board shall make a written request, at least 15
days before the commencement of election process/programmes, to the
learned District Judge of the District concerned, in case of election of Bar Association at District level, and the learned Senior Civil Judge, in case of election of Bar Association at the level of Sub-Division/Taluka, for nomination of an Additional District Judge and the Civil Judge, to act as Returning Officer for conducting polling of votes of election of the Bar Association of the concerned District and Tehsil/Taluka of that District, as the case may be.”
(4)
6. Amendment of Rule 175-K:
The existing clause (a) of Rule 175-K, has been substituted by the following:
“(a) No member of a Bar Association shall have a right of vote in election unless he/she is member of the Bar Association concerned, continuously for a period of two years before the election. In case of transfer of name of a voter member from one Bar Association to another, the transferee member/voter will be eligible to cast his/her vote in election of the Bar Association to which he/she gets his/her name transferred, only after expiry of two years of such transfer.”
(MUHAMMAD ARSHED)
Secretary