Law: Constitution of Pakistan Olympic Association

Section: IV(2)(5)(9)(17)

Law: Constitution of Pakistan, 1973

Section: 199,199(5)

Law: Pakistan Olympic Association Election Rules, 2012

Section: 37

(a) Constitution of Pakistan Olympic Association--- ----Art. IV(2)(5)(9)(17)---Pakistan Olympic Association Election Rules, 2012, R.37---Constitution of Pakistan, Art.199---Constitutional petition---Election of the President of Pakistan Olympic Association---General Council of the Association approving joint proposal of contesting candidates to hold such election by show of hands and not by prescribed secret ballot---Validity---Record showed that Secretary General of the Association through notification had notified Election Commission to conduct elections in accordance with the Constitution of "Pakistan Olympic Association" and Pakistan Olympic Association Election Rules, 2012---Pakistan Olympic Association Election Rules, 2012 prescribed separate and secret ballot for election of each office bearer of Association---Procedure of election for such post by secret ballot could be abandoned by making an amendment in the Rules and not otherwise---Such proposed amendment must be made subject to notice, comment and debate by Election Commission before their adoption---Proposed amended procedure of election must be notified prior to fixation of election schedule---Modified election procedure as approved by General Council would promote panels of candidates nominated by Presidential contests, but not merit of individual candidate---Abandoning legally applicable and notified procedure of election would curtail the sanctity of election---Impugned approval of General Council had no legal sanction---High Court declared impugned appointments made by the show of hands as illegal and without lawful authority while observing that Association if it wanted, could hold fresh elections in accordance with applicable charter, law and rules---Principles. PIAC and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676; Maqsood Ahmed Toor and 4 others v. Federation of Pakistan and others 2000 SCMR 928 and Anoosha Shaigan v. Lahore University of Management Sciences through Chancellor and others PLD 2007 Lah. 568 ref. (b) Constitution of Pakistan Olympic Association--- ----Art. IV(2)(5)(9)(17)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Election of…

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