IHC directs ECP to hold PCB chief polls on Nov 2
ISLAMABAD, Oct 21: The Islamabad High Court (IHC) on Monday set a 10-day deadline for holding elections for the post of Pakistan Cricket Board (PCB) chairman and directed the Election Commission of Pakistan (ECP) to announce the election schedule by evening of Oct 21 (Monday).
Justice Shaukat Aziz Siddiqui directed the ECP to hold elections for the slot of PCB chairman on Nov 2 by all means as it had earlier conducted the elections of Pakistan Engineering Council (PEC).
The ECP, however, did not issue schedule for PCB elections as directed by the IHC.
The court passed these directions while disposing of the petition filed by Ahmad Nawaz Khan for initiation of contempt of court proceedings against PCB caretaker chairman Najam Sethi for not complying with the court order dated July 4, 2013 according to which the said elections should be held within 90 days time.
The judge also accepted PCB caretaker chairman’s explanation for not holding elections within the stipulated time of 90 days.
In his explanation, Sethi informed the court that the PCB wrote three letters on Aug 2, 17 and 23 to the ECP for compliance of the court orders dated July 4, 2013 for holding elections for the slot of the PCB chairman.
However, ECP counsel Nouman Munir Paracha told the court that the ECP was busy with local body and cantonment board elections these days and requested for extending the deadline for holding the PCB chairman’s elections.
The ECP after the July 4 judgment had said that it was not its mandate to hold the PCB elections.
Justice Siddiqui observed that if the ECP could hold PEC elections whose electoral college is comparatively larger than the PCB with polling stations being established throughout the country, why it could not hold PCB elections that could be held at a single polling station at the Gaddafi Stadium with 111 members to cast their votes.
Now that the International Cricket Council (ICC) has also been demanding fair elections, the ECP should hold these elections, Justice Siddiqui stated.
He also expressed annoyance over analysis giving the impression that the Pakistan team lost the second Test to Zimbabwe due to pressure of the court. “We were not the selectors,” he said.
In a lighter tone the judge said that now Pakistan have defeated the strongest South African team, but no credit has been given to the court for building pressure on the PCB.
Counsel for the PCB Tafazzal Hussain Rizvi adopted before the court that out of 111 members of the PCB’s electoral college around 30 per cent had been in litigation where their cases had been pending adjudication.
Nonetheless, Justice Siddiqui said that those who are elected representatives of the district, regional and departmental associations may be provided with a chance to cast their votes.
The IHC bench said that Sethi ceased to be PCB caretaker chairman after Oct 18. Legal counsel for PCB then told the court that now there is an interim management committee that is taking care of the affairs to which the judge replied that the interim committee would also cease to exist after Nov 2.
In its order the court observed that the PCB has been facing legal problems in dealing with the organisational matters. Election is the only solution to all these problems and full time PCB chairman would be able to deal with all financial and administrative affairs, the order further said.
The judge remarked that the election would also stop derogatory analysis of different people regarding the court.
Earlier, the petitioner Ahmad Nawaz Khan while referring to the July 4 judgment of the same IHC bench had told the court that Sethi through the said judgment remained no more an acting chairman and had become a caretaker.
He said that the court had directed him to hold fresh elections within 90 days for the slot of PCB chairman but Sethi committing contempt of court has not taken any measure in this regard till this time.
The petitioner, who is a member of the Eagle Cricket Club and a candidate for the post of regional cricket association secretary, through his counsel Abdul Razzaq Rajab advocate adopted before the court that Sethi by being awarded the status of PCB caretaker chairman through the July 4 IHC judgment was directed not to take any major decisions except running the day-to-day affairs of the board.
He further told the court that the incumbent chairman issued a circular resolution on Sept 17 to the PCB governing board for empowering himself to remove/dissolve all interim committees appointed in regions, management of the regions till elected bodies are appointed, removal of the office-bearers of the regions whose tenure comes to an end and for the induction of three honorary advisers to help him in overcoming issues pertaining to district, regions and domestic cricket.
The petitioner adopted before the court that the said circular resolution is contempt of court and Sethi has not taken any substantial measures for the elections till today.
He alleged that Sethi wilfully, intentionally and deliberately in utter disregard for the decision has been delaying the elections.