LAHORE: The Lahore High Court has dismissed a petition challenging the appointment of a senior lawyer as election commissioner of the Pakistan Cricket Board (PCB).

The petition filed by one Faisal Labar assailed the appointment of former attorney general Shah Khawar as the election commissioner on multiple grounds.

Petitioner’s counsel Shazib Masud argued that the respondent being a practicing lawyer was obligated to get his practicing licence suspended to obtain the impugned appointment, which was not done, therefore, he (the respondent) cannot hold the office.

In addition, the counsel argued that the mandate given to the respondent for composition of the Board of Governors (BoG) falls within the purview of the functions assigned to the management committee.

Conversely, respondent’s counsel Abid Saqi argued that his client was not required to surrender the licence as he had not joined any other profession, business, service or vocation.

He said the respondent had only taken up temporary assignment as the election commissioner, for a period of three months with a specific role to hold transparent election for the PCB chairman and composition of the BoG.

Dismissing the petition, Justice Anwaar Hussain left the matter of the legal practicing licence to the bar council concerned to determine as to whether the respondent is required to get his licence to be suspended or not, keeping in view the nature and duration of the assignment accepted by him as the election commissioner of the PCB.

Rejecting the argument of the petitioner, the judge observed that the composition of the BoG is not complete till the election of the chairman.

He said once the chairman is elected, only then the composition of the BoG becomes complete.

Therefore, Justice Hussain maintained that the primary task assigned to the respondent as the election commissioner by using the words “composition of BoG and the conduct of free and fair election of PCB chairman” clearly refers to the conduct of free and fair election of the PCB chairman to complete the composition of the BoG.

“Therefore, no illegality or irregularity has been committed through impugned notification,” the judge concluded the verdict.

Published in Dawn, December 27th, 2023

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