Engineer NASIR SHAFQAT MARRI vs PAKISTAN ENGINEERING COUNCIL ELECTION CELL, ISLAMABAD Ss — 2022 SCMR 1920 SUPREME-COURT

Case information

Citation: 2022 SCMR 1920 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: Engineer NASIR SHAFQAT MARRI vs PAKISTAN ENGINEERING COUNCIL ELECTION CELL, ISLAMABAD Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Engineer NASIR SHAFQAT MARRI VS PAKISTAN ENGINEERING COUNCIL ELECTION CELL, ISLAMABAD Ss. 9(2) & 25a---Government Servants (Conduct) Rules, 1964, R. 24---Elections for the Governing body of Pakistan Engineering Council ('the Council')---Prohibition on taking part in politics and elections---Whether Government servants were prohibited from taking part in elections of the Council in view of Rule 24 of the Government Servants (Conduct) Rules, 1964 ('the Conduct Rules')---Held, that the provisions of Rule 24 of the Conduct Rules which bear the heading 'Taking part in politics and elections" is concerned with legislative bodies that are political in nature---On the other hand, the Council is a professional body and is constituted by a statute which makes it a statutory professional body---Regulations and bye-laws that the Council frames are concerned with professional matters pertaining solely and specifically to engineers---Regulatory function of the Council is not a political function nor a law making function but is a supervisory function---Pakistan Engineering Council act, 1976 itself contemplates Government servants to be members of the Council and, therefore, theobjection that Government servants are forbidden to take part in elections for the Governing body of the Council is contradicted by the provisions of the act itself---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description

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