Law:

Section:

Sports (Development and Control) Ordinance, 1962-- ----S. 4(3)(i)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Alternate remedy--Effective of--Maintainability--Entitlement of member of governing body of P.C.B.--Matter for approval of patron--Power to conduct the election--Validity--Election Commissioner of PCB had already forwarded the name of respondent to the patron for approval and notification--Challenge to--Held: Petitioner could file an appeal before the penal of arbitrators under Para 35(2) of Constitution of PCB and therefore, in presence of an effective alternate remedy the instant petition was not maintainable--Petition was dismissed. THIS ORDER PASSED BY: SYED MANSOOR ALI SHAH, JUSTICE---.--- Grievance of the petitioner is that he has been elected by five service organization/departments namely (i) National Bank ofPakistan (ii) SNGPL (iii) KRL (iv) SSGC and (v) Pakistan Customs and is therefore entitled to be Member of the Governing Body of Pakistan Cricket Board (P.C.B). He further prays that the election of Respondent No. 4 as a member of the Governing Body of P.C.B. be declared to be illegal and unlawful. 2. Learned counsel for the respondents submits while referring to paragraph 8 (1) (c) of the Constitution of P.C.B. issued under Section 3 (1) and Section 4 of the Sports (Development and Control) Ordinance, 1962 vide SRO No. 64(KE)/2007 dated 20.09.2007 (Gazetted on 18th October, 2007) that the Governing Body of PCB consists of one representative of Service Organizations, who play first class cricket, and the said representative shall be elected from amongst the Service Organizations. He further referred to the second proviso to paragraph 8 (3) which states "Provided further that members so retiring shall continue to perform their functions until they are reappointed or their successors are appointed, as the case may be, and every effort shall be made by PCB to fill up the vacancies of retiring members as early as possible" (emphasis supplied). He further referred to paragraph 34 (2) to show that the Election Commissioner has the power to conduct the elections in the present matter and finally referred to Paragraph 35(2)…

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