Sethi back in the saddle after 2 hours

IHC appointed Justice (retd) Munir A Sheikh to conduct PCB’s election during the third week of November.

ISLAMABAD:

Pakistan Cricket Board’s interim chairman Najam Sethi was declared out on Tuesday but was recalled to the crease when a two-judge appeals bench of the Islamabad High Court reversed a court order passed two hours earlier.

In response to a petition, Justice Shaukat Aziz Siddiqui suspended Sethi and barred him from performing his duties for failing to comply with a legal order to elect a permanent PCB chairman on October 18. Justice Siddiqui was hearing a petition filed by PCB former member Ahmed Nawaz.

The court also appointed Supreme Court Justice (retd) Munir A Sheikh to conduct the cricket board’s election during the third week of November. According to the court order: “The fee of the Learned Election Commission is fixed at Rs2.5 million, which shall be paid by the PCB and all other expenditures will be borne by PCB itself.” The order also included directives to the PCB secretary to extend all sorts of cooperation and assistance to the Election Commission.

However, after a couple of hours, a division bench, at the same court granted a stay order on the suspension ruling until November 4. It was the second time in five months that the game’s chief administrator had been thrown out on a legal challenge.

The bench, comprising Justice Riaz Ahmed Khan and Justice Noorul Haq Qureshi, admitted the appeal against the order passed by Justice Siddiqui on the disqualification of former PCB chairman Muhammad Zaka Ashraf.

The bench issued a notice to Sethi and sought a response by November 4.

The petitioner Ahmed Nawaz, through his counsel Abdul Razak Rajab, filed a fresh petition against the recently formed IMC and argued that the committee exceeded its power, which is against the judgment passed earlier by the same bench.

After the committee was formed, its five members unanimously elected Sethi as an acting chairman, which was not their mandate, the counsel contended.

Referring to Article 41 of the board’s constitution, the petitioner’s counsel informed the court that it was amended for a specific purpose. “The member of the committee himself cannot contest election through this article which is illegal,” Rajab told The Express Tribune.

On October 9, the same bench had ordered the Election Commission of Pakistan (ECP) to conduct PCB’s election on November 2. However, the ECP filed a review petition and excused itself from directly holding the election as it is already conducting local government polls in the country.

ECP’s lawyer Mohammad Munir Paracha suggested that a retired judge of the Supreme Court or high court be appointed as the chief election commissioner for the PCB polls. After admitting the review petition of the ECP, the court appointed Justice Sheikh to conduct the election.


Published in The Express Tribune, October 30^th, 2013.