| Case ID |
22f1c5c2-e655-454c-9a1b-38a4641d88c4 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 3053 of 2012 |
| Decision Date |
Oct 23, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court declared the appointments to the offices of the Pakistan Olympic Association (POA) made by show of hands during the election held on February 4, 2012, as illegal and without lawful authority. The court held that the POA violated its own Election Rules, which prescribed secret ballots for the election of office bearers. The General Council's approval of a joint proposal to bypass the secret ballot was deemed invalid as it lacked proper legal sanction and did not follow due procedure. Consequently, the POA was directed to conduct fresh elections in accordance with its constitution, rules, and applicable laws to ensure transparency, fairness, and adherence to democratic principles in future electoral processes. |
| Summary |
In the landmark case of Writ Petition No. 3053 of 2012, adjudicated by the Lahore High Court on October 23, 2012, the court addressed significant issues concerning the electoral procedures of the Pakistan Olympic Association (POA). The petitioner, Nadeem Aftab Sindhu, along with Munawar-us-Salam and Usman Akram Sahi, challenged the legitimacy of the POA's election process which concluded on February 4, 2012. The core of the dispute revolved around the POA's deviation from its established Election Rules, specifically the abandonment of secret ballots in favor of a show of hands method for electing office bearers, excluding the President.
The petitioner argued that this deviation undermined the democratic foundations of the POA and violated the principles enshrined in the Constitution of Pakistan Olympic Association, 1973, particularly sections IV(2), IV(5), IV(9), and IV(17). Additionally, the court examined the Constitution of Pakistan, 1973, referencing sections 199 and 199(5), which relate to the jurisdiction of the High Court in matters pertaining to constitutional petitions against persons or bodies performing governmental functions.
The court noted that the POA, while an independent and autonomous entity affiliated with the International Olympic Committee (IOC), performs public functions that necessitate judicial oversight. This includes representing Pakistan in international sports competitions, managing national teams, and handling substantial funding from the Federal Government through the Pakistan Sports Board (PSB). The court emphasized that such functions inherently connect the POA to the federal obligations, thereby bringing it within the ambit of constitutional jurisdiction.
Key to the court’s decision was the assessment of the election procedure. The POA had purportedly approved a joint proposal by Presidential candidates to nominate other office bearers without conducting secret ballots, as mandated by Rule 37 of their Election Rules, 2012. The Lahore High Court found this action to be in clear violation of the POA’s own rules and procedures. The court underscored that any amendment to the election procedure should have followed due process, including notice, comment, and debate by the Election Commission, as well as prior notification before setting the election schedule.
The decision highlighted that the POA’s actions not only breached internal regulations but also compromised the integrity and fairness expected in democratic institutions. By circumventing the secret ballot, the POA effectively aggrandized the President's authority and undermined the meritocratic selection of individual candidates. The court dismissed the POA’s defense, which relied on previous cases such as PIAC and others v. Tanweer-ur-Rehman and others and Maqsood Ahmed Toor and 4 others v. Federation of Pakistan and others, stating that these precedents did not account for the POA's specific public trust functions involving national symbols and federal responsibilities.
Moreover, the court reinforced the notion that entities like the POA, which manage national pride through sports, are accountable for adhering to transparent and legally sanctioned procedures. The misuse of procedural rules to favor certain candidates over others without proper electoral mechanisms was deemed unacceptable. The Lahore High Court declared the appointments made by show of hands as illegal and without lawful authority, mandating the POA to re-conduct elections in strict adherence to its constitution, the Election Rules, and relevant laws.
This judgment underscores the judiciary's role in ensuring that even autonomous bodies engaged in national and international functions maintain integrity and adhere to democratic principles. It serves as a precedent for similar cases where organizational processes are called into question, reinforcing the necessity for transparency, accountability, and legal compliance in all electoral and administrative actions within sports associations and beyond. The court's decision also highlights the interplay between internal organizational rules and overarching constitutional mandates, particularly in contexts where public interest and national representation are at stake. For stakeholders in the Pakistani sports sector, this case emphasizes the importance of following established procedures and the potential legal repercussions of deviating from them, ensuring that the governance of sports bodies remains fair, transparent, and justifiable under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Election Commission,
Pakistan Sports Board,
Federal Government of Pakistan,
Pakistan Olympic Association,
General Council of the Association,
International Olympic Committee
|
| Judges |
UMAR ATA BANDIAL, C, J
|
| Lawyers |
Not available
|
| Petitioners |
Munawar-us-Salam,
NADEEM AFTAB SINDHU,
Usman Akram Sahi
|
| Respondents |
F.O.P. through Secretary of Law, Justice and Parliamentary Affairs and others,
Muhammad Umer Qureshi,
Ali Raza,
Owais Waheed,
Qasim Asad Malik for Respondent No. 3, POA
|
| Citations |
2013 SLD 2243,
2013 PLD 405
|
| Other Citations |
PIAC and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676,
Maqsood Ahmed Toor and 4 others v. Federation of Pakistan and others 2000 SCMR 928,
Anoosha Shaigan v. Lahore University of Management Sciences through Chancellor and others PLD 2007 Lah. 568,
Salahuddin and 2 others v. Frontier Sugar Mills and Distillery Ltd. Tokht Bhai and 10 others PLD 1975 SC 244,
Murad Ahmad Khan and 3 others v. Pakistan Golf Federation, Rawalpindi through Secretary and another PLD 2011 Lah. 313,
Cutting of Trees for Canal Widening Project, Lahore (Suo Motu Case No.25-2009) (2011 SCMR 1743),
Rahul Mehra and another v. Union of India (Uio) and others (2005) 4Com PLJ 268 Del.
|
| Laws Involved |
Constitution of Pakistan Olympic Association,
Constitution of Pakistan, 1973,
Pakistan Olympic Association Election Rules, 2012
|
| Sections |
IV(2),
IV(5),
IV(9),
IV(17),
199,
199(5),
37
|