SHAHDOST DASHTI vs FEDERATION OF PAKISTAN through Secretary Ministry
This constitutional petition was filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, challenging the declaration of disqualification of the petitioner as a public servant to contest elections for the Regional Cricket Association (Quetta), along with the subsequent notification de-notifying him and announcing a fresh election schedule. The core legal question revolved around the validity of the petitioner's disqualification from holding office in a cricket association on the ground of being a public servant. The Lahore High Court examined the status of the Pakistan Cricket Board as a statutory body and the legality of the proceedings resulting in the petitioner's disqualification. The court considered whether an initial void act could sustain subsequent administrative actions. The holding and key principle established is that actions built upon a void ab initio foundation cannot lawfully form the basis for subsequent disqualifications or administrative superstructures, thereby invalidating the impugned notifications affecting the petitioner's electoral status.
- Can a superstructure raised on the basis of a void act serve as a valid basis for subsequent disqualification?
- Whether a constitutional petition under Article 199 of the Constitution of Pakistan, 1973 is maintainable against the disqualification of a sports association official?
- Is the Pakistan Cricket Board considered a statutory body established under the Sports (Development and Control) Ordinance, 1962?
- Article 199, Constitution of the Islamic Republic of Pakistan 1973
- Section 3, Sports (Development and Control) Ordinance 1962
ORDER
SAYYED MAZAHAR ALI AKBAR NAQVI, J.----Through this Constitutional Petition filed in terms of Article 199 of The Constitution of the Islamic Republic of Pakistan, 1973, voicing his grievances qua a declaration resulting into disqualification of the petitioner to contest election being a public servant vide judgment dated 13.05.2019 and as a consequence issuance of notification dated 06.05.2019, which has been impugned before this court with the following prayer:- In view of the above it is humbly prayed that impugned order dated 06.05.2019 may kindly be set aside being illegal, void and unconstitutional. Subsequent letter dated 07.05.2019 wherein respondent No.4 has de-notified the petitioner and announced fresh election, schedule for Regional Cricket Association (Quetta) election may also be set aside.
It is also prayed that during the pendency of the instant writ petition impugned order dated 06.05.2019 may kindly be suspended and election schedule of Regional Cricket Association (Quetta) may also kindly be suspended.
Any other relief which this Honorable Court deems fit and appropriate may also be granted...."
2. Perusal of the record reveals that the petitioner was President Regional Cricket Board Association Quetta and respondent No.3 while adjudicating his candidature declared, him to be disqualified being a public servant at the time when he contested the election as President Cricket Association Turbat. Subsequent superstructure raised on the basis of an act which is void, ab-initio cannot be made basis of subsequent qualification. Hence, the instant constitutional petition. Challenging the aforesaid order arising out of Proceedings before respondent No.3 which is subject matter .
3. At the very outset, it has been contended by the learned counsel for the petitioner that Pakistan Cricket Board is a statutory body established in pursuance of Section 3 of the Sports (Development and Control) Ordinance, XVI of 1962 vide Notification No.SRO.43 (KE/2014) dated 10th July, 2014. Adds that the petitioner contested the election for the Office of President, District Cricket Association, Turbat, in Septemb er, 2017, however during the proceedings the candidate of the petition er was agitated by one Abdul Ghani, who raised an objection qua the qualification of the petitioner on the ground that he is not competent
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