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The Lahore High Court (LHC) on Friday directed the existing management committee of the Pakistan Cricket Board (PCB) to notify the new board of governors (BoG) within 15 days and then hold the election of the chairman within seven days.
Justice Shahid Jamil Khan passed the order on a petition challenging the appointment of the PCB’s new management committee on July 5 and a change in the composition of the BoG.
Petitioner Naveed Mushtaq Abbasi, a representative of Rawalpindi region, also assailed exclusion of his name from the BoG and proposed election for the PCB chairman through a changed BoG.
In his 12-page judgement, the judge observed that the affairs of the PCB are constantly in news when there is any change in the government.
Justice Khan maintained that by excluding the regions already represented in earlier two BoGs of the PCB, the election of the representatives of four regions shall be strictly in accordance with the regulation, if any. However, he said, in absence of regulation, an effective representation from different parts of the country without political influence shall be ensured.
The judge said the purpose should be representation of the regions for effective policy making and not to get a person of the government’s choice elected as chairman of the PCB.
The judge noted that practice and history show that the PCB chairman is elected from the two members nominated by the patron (the prime minister) because the government is always in a position to influence the representatives of the service organisations and departments.
The judge expected and recommended suitable amendments to the 2014 Constitution of the PCB to ensure that sovereignty (policy making and management) in the cricket board is exercised by the elected representatives of the stakeholders who are effectively involved in the sport at a grassroots level.
The judge ruled that the notification issued on June 22, 2023, for the change in composition of the BoG was a long-term decision having a permanent character; therefore, was beyond the scope of day-to-day management of the board.
The judge declared the notification without lawful authority.
The judge further declared that the July 5 notification for the appointment of a second management committee suffered from no illegality or lack of authority. He said the federal government is competent to renotify and change the composition of the management committee.
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