Sindh High Court orders takeover of YMCA, fresh polls

SHC orders Nazir to take over YMCA with all its relevant records and properties.

KARACHI: A division bench of the Sindh High Court (SHC) ordered the Nazir of the court on Thursday to take over the YMCA with all its relevant records and properties.

The bench, headed by Justice Mushir Alam, also ordered the Nazir to hold fresh elections with the assistance of the social welfare department.

The bench had earlier heard counsels for the respective sides who argued different applications pertaining to the control of the YMCA which has priced land at prime locations in the main downtown part of Karachi.

The applications were an offshoot of a constitutional petition filed by Kashif Khalid in 2005 who claimed to be the president of the YMCA  and sought a declaration from the court that the body headed by him genuinely represents the YMCA.

Minority MPA Saleem Khursheed Khokar challenged, however, Kashif Khalid’s claim and became an intervenor in the petition and made a counter claim.

A bench of the SHC disposed of the petition on Oct 6, 2005, ordering fresh elections and a takeover of the YMCA by the Nazir of the SHC.

The controversy continued and on Nov 2, 2006, former judge Qazi Khalid Z Kazi issued a new order which was challenged before the Supreme Court by Khokhar on the grounds that as Khalid Ali Z Kazi had been a counsel for the petitioner in the petition, he could not be a judge in this case.

The apex court allowed the appeal and dismissed the order dated Nov 2, 2006 and withheld the order dated Oct 6, 2005.

On Thursday, the Nazir of the court submitted a report in compliance with an order passed at the previous hearing ie Oct 22, 2010 and confirmed that the elections were held under the supervision of the social welfare board.

The bench found it contrary to the original order dated Oct 6, 2010 and expressing his dismay ordered the Nazir to take over all YMCA records and properties.

The bench also ordered him to hold fresh elections associating the social welfare board as per the list of active members finalised in 2006.

Published in The Express Tribune, October 29^th, 2010.