2002 PLP 1233 (CLC)

(2) An Associate member may, with the permission of the Board, nominate a representative to attend a meeting of the General Body but such representative shall not be entitled to vote at the meeting or be eligible for election to the Council. (3) An Associate member shall be bound by the same undertakings which a full member is required to abide under Article 8 and shall participate only in those tournaments conducted b the Board to which it is specifically by the Board."

5. The petitioners is an Associate member within the capital territory of Islamabad. '

6. Divisional Cricket Association as reflected in paragraph 8, have their own constitution and likewise an Associate member who does not qualify to be a full member has its own constitution. Through their constitutions, the Divisional Cricket Association elect their representatives and send their representatives to the Pakistan Cricket Board in the shape of full members or Associate members.

7. Besides the General Body, there is also a council of the Board which is reflected in paragraph 25 and its functions are enumerated in paragraph 27.

8. For purposes of this writ petition, this Court need not to go into further details of the Notification except its Part VI which deals with disciplinary proceedings paragraph 37 of this Part VI, reads as follows:‑‑ "

27. Suspension of membership.‑‑‑ If, at any time, the Council is of the opinion that the affairs of a full member or associate member are not being carried out in accordance with this Constitution, or its conduct is derogatory of, or repugnant to, the aims and objects of the Board, or it no longer fulfills the qualifications for membership; or has failed to abide by the undertaking given by it under Article 13 or has failed to meet its financial obligations to the Board, it may suspend its membership."

9. After a membership is suspended then while acting under paragraph 38, an ad hoc committee is appointed to take the position of the suspended membership. Paragraph 38 reads as follows:‑‑ "Appointment of ad hoc Committees.‑‑‑ Whenever the membership of a full member or associate member is suspended under Article 37, the Council may appoint an ad hoc committee consisting of a Chairman and as many members as it considers fit for performance of the functions and for carrying out the affairs of a suspended member."

10. An appeal is provided against an order of suspension by the Council before the General Body of the Pakistan Cricket Board. While under paragraph 14, in case of supersession of the Board, an ad hoc committee has to perform the functions of .the Board.

11. Before filing this writ petition, the petitioner had filed a Writ Petition No.3216 of 2001 but this was disposed of with directions that the petitioner may appeal against the decision of suspension to the Board pursuant to paragraph 39 of the Notification.

12. The appeal which was filed by the petitioner met with a failure and a copy of it is placed on the file and has been seen. This is signed by the Chairman of the Pakistan Cricket Board and it shows that the suspension was made because of large scale favouritism, poor and dismal performance of the petitioner and which was leading to the suffering of the game of cricket. That these allegations were based on the inquiry report which was prepared after the petitioner was given a chance of appearance.

13. Whether petitioner's appeal had been heard by the Chairman or the Board or the General Body, is not clear. Neither it is clear whether the order of suspension was in fact passed by the Council or the Chairman the exercised all these functions himself having assumed powers of the Council and the Board. If that is so, then it would be against the provisions of the Notification, but as this point has not been thoroughly discussed, no opinion on this can be given.

14. A reading of Article 38 further shows that after the act of suspension, the Council had to appoint an ad hoc committee headed by a Chairman with sufficient members to carry on the affairs of the suspended member. The letter of October 26, 2000, reflects that a person has been appointed as an interim Head by the Chairman leaving the option of appointing the other members to the ‑interim Head. This appears as an arbitrary act and against the constitution of the Pakistan Cricket Board, a copy of which was provided to the Court. In case the Chairman is exercising all these powers and has become the repository of all powers of the General Body and the Council and despite paragraph 14 of the constitution, then it has elements of maladministration and has to be checked.

15. Anyway, when we speak of an ad hoc committee heading a suspended body, we do not expect it to remain in that position for an indefinite period. In this case as it is seen that the ad hoc committee its functioning since October 26, 2000 and the status quo has brought about bickering which are not at all good for the game of the cricket and which itself was taken as a ground for suspension of the membership of the petitioner.

16. From what has appeared before this Court in this writ petition, although briefly, this Court feels it necessary that the Secretary Ministry of Culture, Sports and Tourism be asked to look into these aspects and ensure that the constitution of the Pakistan Cricket Board is followed in letter and spirit as reflected in Notification of 22nd February, 1995, and to 'submit a fact finding report to this Court in this connection within a month from today.

17. When the learned counsel for the Pakistan Cricket Board was questioned as to why the elections in this case were not being held, his reply was that. arrangements were being made for bolding of the elections. But he was not sure as to when the elections are to be held.

18. As we cannot allow ad hocism to continue, it will be proper if the Pakistan Cricket Board arranges for the elections of the new members representing the territory of Islamabad within a period of seven weeks from today. The learned counsel for the respondent is directed to convey these orders to the Chairman of the Pakistan Cricket Board. For a period of seven weeks, status quo with respect to the present arrangement is allowed to continue except that in matters of finances, the ad hoc committee so appointed by the Chairman shall seek permission of the Chairman, Pakistan Cricket Board before withdrawing any sums of money belonging to the Islamabad Cricket Association and shall keep full and truthful accounts alongwith the permissions of the Chairman, P.C.B., in the record and which record is to be handed over to the new Body which will come into existence after the elections. With these directions, the matter is disposed of. Q.M.H./I-114/L Order accordingly.