The division bench of Justices Qaiser Rasheed and Roohul Amin Chamkani was told by Advocate Shumail Ahmad Butt, the counsel for Senator Haji Ghulam Ali and APOA General Secretary Qamar Zaman, that the petitioners’ names, along with those of other members, were excluded from the voters’ list. Butt argued elections were to be held on Saturday, but the names of major stakeholders were excluded from the list.
He argued the petitioners were elected president and general secretary of the K-P Olympic Association, a body working to promote sports in the province and tribal areas. He said the polls should be stayed as these two main stakeholders were not participating.
The bench, after hearing the arguments, stayed the election and issued a notice seeking a reply from APOA Secretary Arif Hassan. The bench adjourned the case till February 4.
More conflicts
On January 6, a single-member bench also stayed the K-P Olympic Association election and polling had been scheduled for January 10. The court had also sought replies from the provincial government and sports directorate after they were made respondents in the case.
Justice Syed Afsar Shah issued the interim order on a petition filed by Ali, challenging the formation of the election commission by former KPOA President Syed Aqil Shah. The election commission was headed by former justice Qazi Ihsanullah Qureshi.
The bench directed authorities not to hold the elections till further orders. The K-P government, provincial sports secretary, K-P Sports Directorate, former president of KPOA Syed Aqil Shah and the election commission constituted for the polls were named as respondents.
During a previous hearing, Shumail argued Shah and Zulfiqar Butt had been elected for a fourth term in “so-called elections” on February 21, 2012. He added their election has been challenged at the PHC.
The court ordered fresh elections through an independent election commission. The order was implemented and an independent election commission was formed during the KPOA general council meeting in May 2013.
The petition stated former justice Malik Hamid Saeed was appointed head of the election body and polls were announced for June 12, 2013.
Elections were held under the supervision of the Pakistan Sports Board and APOA, resulting in the petitioner being voted in as president of the KPOA for five years. The petitioner stated even the Supreme Court and provincial government were notified about the election and the result was formally recognised Haji Ghulam Ali as president of the association.
The petition argued Shah, who is neither president of the association nor a competent authority, formed an election commission and announced elections for KPOA on January 10. Shumail said Shah was not in a position to announce these polls and asked for a stay order.
Published in The Express Tribune, January 23rd, 2016.
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