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NAVEED MUSHTAQ ABBASI vs FEDERATION OF PAKISTAN S — 2024 CLC 171 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLC 171 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLC
Parties
NAVEED MUSHTAQ ABBASI vs FEDERATION OF PAKISTAN S
Subject matter
Constitutional
Provisions referred to
S. 3

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAVEED MUSHTAQ ABBASI VS FEDERATION OF PAKISTAN S. 3(1)---Constitution of Pakistan Cricket Board, 2014, Paragraphs 38 & 48---Constitution of Pakistan, Art. 199---Constitutional petition---Pakistan Cricket Board---Election---Policy decision---Interference---Scope---Petitioner was representative of Rawalpindi Region and was notified as Member of Board of Governors---Petitioner was aggrieved of change in composition of the Board and fixing of date and place for Chairman's election by Election Commission of Pakistan---Validity---Purpose of election was representation of Regions for effective policy making and not to get a person of Government's choice elected as Chairman---Constitutional Courts could not and should not interfere in policy making which was exclusive domain of elected Government (executive), but Courts could interfere or at least observe, where policy making infringed fundamental right guaranteed under the Constitution---Bedrock of the Constitution was exercise of sovereignty through elected representatives---Chairman of Cricket Board was elected from two members nominated by the Patron because the Government was always in a position to influence representatives of Service Organizations and Departments---Notification for appointment of Management Committee did not suffer from any illegality or lack of authority---Federal Government was competent under S. 3 of Sports (Development and Control) Ordinance, 1962, read with paragraphs 38 and 48 of the Constitution of Pakistan Cricket Board, 2014, to renotify and change composition of Management Committee---High Court directed to notify Board of Governors, following the relevant provisions of Pakistan Cricket Board Constitution, 2014, as the existing Management was competent to run the affairs and complete the task assigned in notifications in question, whereafter election of the Chairman would be conducted within 07-days---Constitutional petition was allowed accordingly.

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