Through this petition the petitioner being the Secretary of Punjab. Football Association has challenged the schedule of election of Pakistan Football Federation Congress dated 14th July, 2007 and has prayed for suspension of operation of the impugned schedule till the final disposal of the case.
2. The brief facts of the case are that the General Secretary, Pakistan Football' Federation, Respondent No, 2 issued the election schedule for election of Pakistan Football Federation Congress proposed to be held on 14th of July. 2007 for the election of three Vice-Presidents and 13 Members of the Executive Committee. The petitioner was not served with a notice or provided information about the said schedule of election and had come to know from a news item published in the Daily `Nawa-i-Waqt' in its issue of 4th July, 2007. The petitioner being aggrieved of non-service of notice of the schedule of election has approached this Court through the instant petition.
3. The main thrust of the argument of Rao Munawar Khan, Advocate, the learned counsel for the petitioner is that the mandatory provisions of Article 23 of the Constitution of the Pakistan Football Federation have been ignored/not acted upon by Respondent No, 2 which requires giving at least 15 days, notice in advance of the meeting to all the Units and circulation with the notice copy of the Agenda etc. Since Respondent No, 2 had failed to comply with the mandatory provisions of Article 23, therefore, the schedule of Pakistan Football Federation Congress is void ab initio, illegal without jurisdiction, being contrary to the Constitution of Pakistan Football Federation as well as violative of the fundamental rights as envisaged in the Constitution of Islamic Republic of Pakistan, 1973.
4. Khawaja Haris Ahmad, Advocate who represents Respondents No, 1 and 2 has raised preliminary objections as to the maintainability of the writ petition on account of concealment of facts, lack of cause of action, misjoinder of respondents as no relief has been claimed against Respondents No, 3 to 8 and the writ petition being pre-mature as the petitioner has not exhausted the remedy available to him under the law before approaching this Court. On merits the learned Counsel has contended that the schedule for election was duly conveyed to the Members of the Punjab Football Association vide letter dated 4.5.2007 received by the petitioner himself on behalf of the Punjab Football Association on 5.5.2007. Has further maintained that since this Court in its order dated 26.4.2007 passed in Writ Petition No, 3959/2007 had stayed the election of the Punjab Football Association, therefore, the petitioner could not lawfully claim to be an elected office bearer of the Punjab Football Association. While conceding that Article 23 of the Constitution of the Punjab Football Federation required at least 15 days' advance notice of the meeting in terms of Article 23 has, however, controverted the argument that no such notice had been received by the petitioner in terms of the said Article. Also maintained that the petitioner is not qualified to contest the election, therefore, he cannot be termed as an aggrieved person and, consequently, the petitioner has no locus standi to file the present petition. And that even if it be presumed that the petitioner is an aggrieved person, even then under the law he is first required to exhaust the remedies available to him under the Constitution of Pakistan Football Federation or the Asian Football Conference or the Federation International de Football Association (FIFA). Lastly stated that since the election scheduled to take place on 14th of July, 2007 could not be held on account of the injunctive order passed by this Court; therefore the Federation International de Football Association through an e- mail dated 9th of August, 2007 had suggested suspension of membership of the Pakistan Football Federation.
5. I have heard the learned Counsel and have gone through the documents placed on the record and referred to during the course of arguments.
6. The argument of the learned Counsel for the petitioner regarding non-service of notice of schedule of the elections as required by Article 23 is not sustainable being contrary to the record.
The letter dated 4th of may, 2007 issued by the Pakistan Football Federation Secretariat under the signatures of Respondent No, 2 reveals that a copy of the letter had been received by the petitioner on 5th of May, 2007 which bears his signatures in token of its receipt/acceptance. The learned Counsel representing the petitioner has not denied the signatures of the petitioner on the aforesaid letter. This also negates the stand taken by the petitioner that he had come to know about the schedule of elections through a news item published in the Daily Nawa-i-Waqt' in its issue of 4th of July, 2007. From the foregoing it is evident that the schedule of the elections was duly conveyed to the Members of the Punjab Football Association vide letter dated -4.5.2007 and was received by the petitioner himself on behalf of the Association.
7. A writ petition Bearing No, 3959/07 titled 'Muhammad Naseem Khan Niazi v. Provincial Election Commission etc.' was filed before this Court in which the schedule of election of the Punjab Football Association due to be held on 26.4.2007 was suspended. The claim of the petitioner that he is a duly elected General Secretary of the Punjab Football Association is, therefore, without any substance as the election was purportedly held on 26.4.2007 when the injunctive order passed by this Court was in effect. Since the petitioner is not a duly elected General Secretary of the Punjab Football Association, therefore, he is not eligible to contest the elections of the Pakistan Football Federation Congress.
8. This obviously leads to the next question as to whether the petitioner has the locus standi to file the instant petition? In view of what has been discussed above I have no hesitation in holding that the petitioner not being a duly elected General Secretary of the Punjab Football Association, has no lawful authority or right to challenge the schedule of elections announced by the Pakistan Football Federation.
9. The learned Counsel for the respondents has further drawn the attention of this Court to the relevant Articles of the Pakistan Football Federation Congress which reveal that the petitioner has alternate remedy available to him under the law by way of invoking jurisdiction of the Pakistan Football Federation or Asian Football Conference or Federation International de Football Association (FIFA). The petitioner without exhausting the remedy provided under the law and while concealing this aspects has approached this Court through the instant Constitutional Petition.
10.Since the learned Counsel for the petitioner has not pressed the preliminary objection as to misjoinder of Respondents No, 3 to 8, therefore, there is no need for this Court to give any finding on the said issue.
11.Through a short order dated 18.9.2007 the petition had been dismissed as being without merit, the reasons therefor have been provided hereinabove.