Law: Sports (Development and Control) Ordinance, 1962

Section: 3

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Civil Procedure Code (V of 1908)

Section: O.V,XIV,R.10,10-A(2),17,21,22

Law: Constitution of Pakistan Cricket Board

Section: 37

(a) Sports (Development and Control) Ordinance (XVI of 1962)--- ----S.3---Constitution of Pakistan Cricket Board, Art. 37---Notification No.SRO 43(KE/2014) dated 10-07-2014---Election of Cricket Association Board---Petitioner was President of Regional Cricket Board Association and was disqualified by Pakistan Cricket Board to contest election---Plea raised by petitioner was that he was condemned unheard---Validity---Appeal filed by respondent before independent adjudicator under Art.37 of Constitution of Pakistan Cricket Board against notification whereby petitioner was elected as President Regional Cricket Board Association was accepted without providing an opportunity of hearing to petitioner---Petitioner was not served properly as proof of service of notice issued by independent adjudicator was not sent on his residential address nor he was afforded proper opportunity of hearing before passing in question---Such act of independent adjudicator was against universally recognized principle of audi alteram partem and same was considered as part and parcel of every statute irrespective of the fact whether embodied therein or not---High Court set aside order passed by independent adjudicator and remanded matter to decide appeal under Art.37 of Constitution of Pakistan Cricket Board afresh---Constitutional petition was allowed accordingly. Chief Commissioner Karachi and another v. Mrs. Dina Sohrab Katrak PLD 1959 SC (Pak) 45; Hazara (Hill Tract) Improvement Trust through Chairman and others v. Mst. Qaisra Elahi and others 2005 SCMR 678 and Pakistan and others v. Public at Large and others PLD 1987 SC 304 ref. (b) Constitution of Pakistan--- ----Art.10-A---Right of fair trial and due process of law---Doing of a thing---Scope---Where law provides a particular mode of a particular thing to be done in a particular manner, same should be done in such manner or should not be done at all---Scope of adjudication on merits with rights and civil liabilities has squarely been widened by Art. 10-A of the Constitution. Abdul Rehman Wahla v. Dr. Sher Dil Batra PLD 1986 SC 234 rel. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, J.---- Through this Constitutional Petition…

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