' The petitioner has filed this Constitutional petition with the following prayer:-- "Under the circumstances, it is most respectfully prayed that this petition may be accepted and the act of the respondent No.2 for the nomination for respondent No.3 as national convener/coordinator may kindly be declared as void, mala fide, arbitrary and without lawful authority.
' It is further prayed that respondent No.1 may be directed firstly to frame proper rules of business for appointment of national convener/ coordinator and create a national set up of Women Cricket in Pakistan which should be preferably amongst the provincial set-up already formulate by respondent No.1 and then proceed with the matter on merits in accordance with law.
' It is further prayed that till the final disposal of this writ petition, the act of the respondent No. 2 for the nomination of respondent No.3 may be declared as void and without any lawful authority."
2. The learned counsel of the petitioner submits that petitioner filed a Constitutional Petition No.25720 of 1998, which was disposed of by this Court vide order, dated 20-6-2002 with a direction to respondent No.1 to immediately take steps in the matter after hearing the duly authorized representatives of the PWCA petitioner's association, PWCCA and also PWCA the other group after notice to them. In obedience of the direction of this Court, the respondents made recommendations which are at page 19 of this file in the following terms:-- "Recommendations:
(1) As the Women Cricket all over the world is being controlled by their respective Boards therefore, the women cricket in Pakistan should be brought under the control of the PCB. In this regard PCB should amend its Constitution:---
(i) In order to take control of women cricket in Pakistan.
(ii) To give representation women in their General Council.
(iii) PCB may establish a women wing in which a well-reputed lady may be appointed as manager cricket affairs for women in Pakistan.
(2) Until the approval of the proposed amendments; the PCB may take following steps to ensure the proper representation of the team:--
(i) PCB appoint a neutral selection committee to select a National Team.
(ii) An impartial team management may be appointed by PCB.
(iii) PCB may intimate IWCC regarding the representation of Pakistan Women Cricket Team under the umbrella of PCB.
(3) The PCB may establish Provincial Cricket Association and provide a Playing structure, domestic/ international, which based on club cricket. PCB may also create an administrative structure.
(4) Sindh and Balochistan Provincial Cricket Associations may be announced in consultation with PWCCA or the representative of PWCCA may coordinate affair of the women cricket in Sindh and Balochistan.
(5) The same treatment should be given to the PWCA with regard to the Provincial Cricket Association of Punjab and N.-W.F.P.
(6) The PCB may draft a Constitution for Provincial Cricket Associations, wherein an elected body of women would run the cricket affair in their Provinces.
(7) PCB should draft a code of conduct and ethics for persons involve in women cricket, which should be implemented strictly.
' The recommendations of the scrutiny committee was approved by the Pakistan Cricket Board in the following terms:-- "(a) Women Cricket of Pakistan has come under the governance of Pakistan Cricket Board.
(b) An office has been allocated in the PCB Secretariat, which will be run by a lady coordinator.
(c) Provincial setup has been formed and names of lady office-bearers will soon be announced.
(d) National Selection Team comprising of renowned Test Cricket Mr. Imtiaz Ahmad and Mr. Ejaz Faqih have been nominated to carry out trials of Women Cricketers to select a strong Pakistan Women Cricket Team (PCB) on merit for the forthcoming Women World Cup to be held in June, 2003.
' The above decisions will come in force with immediate effect and with your cooperation and support a strong Pakistan Women Cricket Team (PCB) will be selected."
' Thereafter Pakistan Cricket Board also accepted nomination papers. Respondents also issued letter to the petitioner on 4th April, 2003 in the following terms:-- ' No. PCB/Women/Punjab/01 Date: 4th April, 2003 ' Miss Azra Parveen Lahore.
' Subject: Pakistan Women Cricket.
' I am pleased to advise that the Chairman Pakistan Cricket Board has appointed you as Secretary Punjab Provincial Women Cricket Association to run the affairs of Women Cricket Association at provincial level with following:- (a). Mrs. Bushra Aitzaz President Ahsan (b). Mrs. Shirin laved Co-President ' The Provincial Association will be under the governance of PCB and you will report to the PCB through Cricket Operations Department. Your tenure of appointment will continue till elections are held for the office-bearers of Provincial Women Cricket setup. These elections will be announced at a later stage. Please submit your acceptance of this nomination to us at your earliest.
' Ahmad Anwar ' A/G.M Cricket Operations.
' Respondent No.2 has nominated respondent No.3 as National Convener of Women Cricket Pakistan as is evident from newspaper and press release, dated 3-11-2004. The petitioner came to know this fact through the aforesaid clipping news, filed this Constitutional petition on the ground that respondent No.3 has no experience in the cricket side undoubtedly keeps an outstanding reputation in educational circle, therefore, respondent No.2 has no authority whatsoever to appoint any person as convener/coordinator at National level, therefore, action of the respondent No.2 is without lawful authority. He further submits that respondents accepted the direction of this Court with regard to certain direction but did not accept the recommendations in toto while appointing respondent No.3 as convener, therefore, action of the respondents is without lawful authority. He further submits that action of the respondents is in derogation of the order passed by this Court in W.P. No.25720 of 1998 vide judgment, dated 30-6-2002, which is binding on the parties, He further submits that respondent No.2 has no lawful authority to appoint respondent No.3 as National convener/coordinator as the law does not authorize him to appoint respondent No.3, therefore, petitioner has lot of experience in the field as is evident from Annexure-A attached with the Constitutional petition, therefore, appointment of respondent No.3 is result of nepotism and favoritism.
3. The learned counsel of the respondents submits that petitioner has no locus standi to file the Constitutional petition. He further submits that petitioner has concealed the material facts from this Court as the petitioner has already filed a civil suit against respondent No.3. He further submits that respondent No.2 has appointed respondent No.3 to ensure smooth working of the organization for the purpose to merge all the associations keeping in view the principle of transparency. He further urges that there is no provision in the Pakistan Cricket Board constitution to amend it, therefore, high powered committee is constituted by the competent authority consisting of following members:--
(i) Mr. Justice (R) Karamat Nazir Bhandari,
(ii) Mr. Makhdoom Ali Khan, Attorney General for Pakistan.
(iii) Mr. Zahid Hamid, Advocate Supreme Court of Pakistan.
' He further submits that there are no statutory rules of the respondents, therefore, Constitutional petition is not maintainable. He further urges that the matter does not entail cricketing experience at all. Women Cricket is in initial stage and requires a visionary person to establish a sound administrative setup, the respondent No.3 was obvious choice for this purpose because of her experience and international exposure, therefore, Constitutional petition is not maintainable.
4. The learned counsel of the petitioner in rebuttal submits that the petitioner is an aggrieved person. In support of his contention, he relied upon the following judgments:-- ' Ardeshir Cowasjee and others v. K.B.S.A. And others (2001 YLR 2403) and Dr. Insaf Ahmed v. Medical Superintendent C.M.C. Hospital, Larkana and 4 others (2001 YLR 1088).
' He further submits that petitioner has filed a civil suit which has no nexus in the present case, therefore, none mentioning of the civil suit in the Constitutional petition is not fatal. He further submits that the respondents are not working within the parameters prescribed in the recommendations, which are at age 19 of this file, therefore, action of the respondents is mala fide.
He further urges that the respondents are not exercising powers within the framework of law, therefore, Constitutional petition is not maintainable.
5. I have given any anxious consideration to the contentions of the learned counsel of the parties and perused the record.
6. It is admitted fact that petitioner has filed a civil suit as is highlighted by the respondents in preliminary Objection No.4 titled Miss Azra Parveen v. Imtiaz Ahmed, which is pending in the competent Civil Court. This fact is not mentioned by the petitioner in the contents of the writ petition and even did not file copy of the suit after filing report and parawise comments by respondent No.2 in the office on 9-2-2005. He also did not request to fie the same for comparison purpose during the arguments. It is settled principle of law that Constitutional jurisdiction is discretionary in character. The petitioner who has concealed the material facts from this Court which is fatal in nature as per law laid down by the Honourable Supreme Court in the following judgments:-- ' Principal, King Edward Medical College Lahore v. Ghulam Mustafa and others (1983 SCM R 196) and Abdur Rashid v. Pakistan and others (1969 SCM R 141).
7. In view of what has been discussed above, I am not inclined to exercise my discretion in favour of the petitioner in view of the concealment of the material facts from the contents of the Constitutional petition as per law laid down by the Honourable Supreme Court in Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others (PLD 1973 SC 236). Therefore, this writ petition is not maintainable and the same is dismissed. However, in the interest of justice and fairplay, let a copy of the writ petition be sent to respondent No.1, who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law within reasonable time.
' With these observations the writ petition is disposed of.