Rashid Latif’s petition seeking court directions for the formation of a new cricket board was dismissed by the SHC on Wednesday. PHOTO: FILE
A two-judge bench of the SHC observed that the petitioner had mainly challenged the constitution of 2007, on the grounds that the same was against the spirit of Ordinance 1962 and against the fundamental rights provided in chapter two of the Constitution of Pakistan, 1973.
“During proceedings it has come on record that such Constitution is no more in field thus the instant petition being infructuous is also dismissed,” the court ruled.
The bench had earlier reserved its verdict after hearing arguments from the lawyers representing the petitioner, the Pakistan Cricket Board (PCB) and the federation.
Latif has claimed that the impugned PCB constitution gave unfettered powers to the president of Pakistan – being its patron – to appoint the chairman, who otherwise ought to be appointed by way of elections.
In his plea, he had submitted that appointment of the chairman ought to be through elections amongst the representatives of cricket associations or members of the region in order to ensure complete transparency and it will promote cricket in the country.
He had maintained that the appointment of the chairman without any electoral process was in complete contravention to Articles 4 and 8 of the Constitution of Pakistan.
The former skipper had said that in essence the patron could pick and choose members of the governing board without any electoral process, which was a violation of the law.
He had submitted that the PCB was established through the Sports (Development and Control) Ordinance, 1962, adding that the current PCB constitution came into effect in 2007 vide the powers conferred upon federal government through the Ordinance 1962.
The petitioner further prayed to the court to direct the federal government to establish a new board and new constitution in exercise of the powers conferred upon it by Section 3 and 4 of the Ordinance 1962.
Headed by Justice Faisal Arab, the bench announced its verdict on Wednesday and dismissed the petition.
Published in The Express Tribune, November 28th, 2013.
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