KARACHI, Feb 9: A division bench of the Sindh High Court has allowed the petition of S. Mushtaq Husain Shah, advocate, who had challenged the election of Shafi Mohammed Chandio for a post at the Sindh Bar Council (SBC) from Khairpur, after the elevation of S. Ali Aslam Jafery as a judge of the Sindh High Court.

The petitioner, who was represented by Abrar Hasan, advocate, had prayed for declaring illegal the impugned order of the January 27, 2001 of the chairman of the SBC in this regard.

The impugned order of January 27, 2001 and the notification of the same date were declared null and void and the petitioner was declared the elected candidate from Khairpur district.

After hearing the arguments, the bench comprising Chief Justice of the Sindh High Court, Justice Saiyed Saeed Ashhad and Justice Musheer Alam that the order in dispute did not represent the order of the SBC but was taken by the advocate-general individually in his capacity as chairman.

The order said members of the SBC had no say in that order.

Therefore, such an order could neither be said to be an order neither could it be said to be an order of decision of the provincial bar council nor would it have any sanctity of law, as the order did not fall within the category of the orders/decisions enumerated in section 13 (2) of the Act of 1973, and it could not be challenged by way of appeal as provided by section 13 (2) of the said Act.