Law: Constitution of Pakistan, 1973

Section: 199

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan-------Art. 199---Constitutional petition---Regional Cricket Associations---Vote of no confidence---Petitioners were office-bearers of District Cricket Associations who moved vote of no confidence but Election Commission, Pakistan Cricket Board dismissed the resolution because two office-bearers of one Association had lost their status---Subsequently when two new office-bearers had been elected, no confidence resolution was again moved by petitioners but the Commission again dismissed the resolution on the ground that after failure of earlier resolution, second resolution could not be initiated before expiry of 12 months---Validity---Condition of 12 months expiry period could have been imposed, had the motion of vote of no confidence resulted into failure after voting---Election Commission, Pakistan Cricket Board, illegally killed the motion in chamber not only without putting it in the motion but also without affording opportunity of hearing to all concerned i.e. 12 office-bearers of District Cricket Association---High Court declared letter/order of Election Commission, Pakistan Cricket Board having been passed without lawful authority and in disregard of law, rules and regulations as resolution of no confidence could only fail after voting was held---High Court directed the authorities to immediately put motion of no confidence for voting purposes---Petition was allowed accordingly. Dr. Muhammad Ali Shah v. PCB 2010 MLD 1241 ref. Ch. Amir Hussain for Petitioners. Taffazal H. Rizvi for Respondents. Date of hearing: 18th September, 2012. JUDGMENT ALI BAQAR NAJAFI, J.--- The petitioners (Presidents, Secretaries and Finance Secretaries of District Cricket Association of Gujranwala, Sialkot, Sheikhupura and Hafizabad) impugned order dated 31-7-2012 passed by respondent No.3 whereby he refused to entertain the move for no confidence presented by them, on the ground that under the Procedure for Elections of RCA if once resolution for no confidence failed, it cannot be re-initiated earlier than a period of 12 months and that since their earlier motion dated 29-6-2012 for no confidence against the named office-bearers of RCA Sialkot had already…

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