| Citation(s) |
|---|
| 2015 SLG 1098 2015 SLD 1098 2015 PLJ 314 |
Lahore High Court
W.P. No. 30656 of 2013 etc., decision Dated: 18.04.2014. Hearing Date : 21.03.2014.
MRS. AYESHA A. MALIK, JUSTICE
Mr. Waseem Ahsan, Advocate for Petitioners (in W.P. Nos.30655, 30656, 30657, 30658, 30659, 30660, 30661, 30662, 30663 and 30673 of 2013). Ms. Farzana Batool, Advocate for Petitioner (in W.P. No. 20103/2013). Mr. Abdul Razzaq Rajab, Advocate for Petition
W.P. No. 30656 of 2013 etc., decision Dated: 18.04.2014. Hearing Date : 21.03.2014.
MRS. AYESHA A. MALIK, JUSTICE
Mr. Waseem Ahsan, Advocate for Petitioners (in W.P. Nos.30655, 30656, 30657, 30658, 30659, 30660, 30661, 30662, 30663 and 30673 of 2013). Ms. Farzana Batool, Advocate for Petitioner (in W.P. No. 20103/2013). Mr. Abdul Razzaq Rajab, Advocate for Petition
PIONEER CRICKET CLUB ETC.
VS
ELECTION COMMISSIONER, PCB, ETC.
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--(Dispute Resolutions of Appeals) of PCB Constitution--Scope of--Non speaking orders of independent arbitration PCB--Decision of scrutiny committee--Maintainability of writ petition--Appeal lies before independent arbitrator--Clubs were declared inactive--Scrutiny of clubs was mala fide or against mandate of PCB Constitution--Validity--Scrutiny Committee verifies team, its playing facilities and ground available as well as tournaments played from data given by petitioners themselves in Club Scrutiny Form (2013) and (2011)--If petitioners dispute findings of scrutiny committee then remedy of appeal before election commissioner is available and thereafter before independent arbitrators had come directly against order of Scrutiny Committee--Issues raised in these petitions are of factual nature and efficacious remedy is available to them before Election Commissioner and then before independent arbitrator under PCB Constitution, hence these petitions were not maintainable. WP Nos.30655, 30656, 30657, 30658, 30659, 30660, 30661, 30662, 30663 and 30673 of 2013 against the impugned order dated 10.6.2013 of the Scrutiny Committee, PCB for Annexure-A. WP Nos.20103, 30056, 30654 and 30580 of 2013 against the impugned order dated 19.7.2013 of the Election Commissioner, PCB for Annexure-B. WP No. 842/2014 against the impugned order dated 4.1.2012 of the Election Commissioner, PCB for Annexure-B. WP Nos. 14127 of 2012 against the impugned orders dated 28.9.2011, 11.10.2011 and 22.5.2012 of the Scrutiny Committee, Election Commissioner and the Independent Arbitrator, PCB respectively for Annexure-C. WP No. 14128 of 2012 against the impugned order dated 4.1.2012 and 21.5.2012 of the Election Commissioner and Independent Arbitrator, PCB respectively for Annexure-C. WP No. 16098/2012 against the impugned order dated 16.1.2012 and 24.5.2012 of the Election Commissioner and the Independent Arbitrator, PCB respectively for Annexure-C. THIS JUDGMENT DELIVERED BY: MRS. AYESHA A. MALIK, JUSTICE---.--- This single judgment decides upon the common issues arising in the aforementioned writ petitions. The impugned orders in the petitions are…
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