SHCBA elections to be held as per schedule, says SHC’s interim order

The Sindh High Court (SHC) on Wednesday ordered that the elections of the Sindh High Court Bar Association Karachi would be held as per the schedule and all the members on the rolls would be entitled to cast their votes.

The high court, however, observed that there shall be separate casting for the qualifying members in accordance with the SHCBA rules and other members. The interim order came on a lawsuit in which eligibility of 425 advocates in the voters list for the SHCBA elections was challenged. The plaintiff had submitted that the list of eligible voters was prepared with deliberate delay in violation of specified time frame and transparency whereby 425 advocates practising in other districts had been shown as eligible members to vote without the required qualifications.

An SHCBA managing committee questioned the maintainability of the lawsuit and submitted that the voters list was prepared as per record of association. They submitted that a special general body of the SHCBA had also resolved with a majority that all membership granted by the present and previous committees were in accordance with the SHCBA articles and were approved.

A single bench of the high court headed by Justice Mahmood A Khan after hearing the arguments of the counsel observed that no explanation was offered regarding the alleged change of articles.

The high court ordered that as an interim measure, the elections shall be held as per the schedule and all members on the roll shall be entitled to cast their votes. The SHC, however, observed that there shall be separate casting for the qualifying members in accordance with the SHCBA rules and other members separately.

The high court observed that the result announced shall be based upon the group having the available qualification whereas the result of others shall be compiled and made available which may even be disclosed but not be counted or considered for the upcoming management. The court observed that the said result for the upcoming elections was and shall be subject to the finality of the present case or further orders as may be passed by the court.