'ALI BAQAR NAJAFI, J.--- The petitioners (Presidents, Secretaries and Finance Secretaries of District Cricket Association of Gujranwala, Sialkot, Sheikhupura and Hafizabad) impugned order dated 31- 7-2012 passed by respondent No,3 whereby he refused to entertain the move for no confidence presented by them, on the ground that under the Procedure for Elections of RCA if once resolution for no confidence failed, it cannot be re-initiated earlier than a period of 12 months and that since their earlier motion dated 29-6-2012 for no confidence against the named office-bearers of RCA Sialkot had already failed and intimated to them vide letter dated 5-7-2012, therefore, said period of 12 months have not been expired so far. They further pray for direction to respondent No,3 to fix the date on the said motion for no confidence against respondents Nos.5 and 6, for voting by intimating them and affording opportunity to participate in voting process. They also pray for issuance of direction to respondents No,1 to 4 regarding interim managements to run the affairs of RCA Sialkot as 2/3 majority has already shown no confidence upon respondents' office-bearers.
2. Learned counsel for the petitioners contends that the impugned order is totally misconceived and has been passed in the absence of the petitioners in disregard of the principle of nature justice; that the refusal to entertain the motion for no confidence is illegal as in order dated 5-7- 2012 passed by respondent No,3 it was held that as the terms for the office-bearers of the DCA Gujranwala had expired on 26-12-2010, therefore, they became functus officio as such they are not eligible to move for motion of no confidence. Further states that the motion means only "move or Vote of No Confidence" when put to vote, it becomes resolution and as such the earlier move cannot be held to be a failed resolution; that grounds for rejection of earlier motion for Vote of No Confidence in Chamber is totally illegal because unless and until the new office-bearers of DCA Gujranwala after being elected take the charge, the old office-bearers were entitled to work and move for Vote of No Confidence and in the first motion the old office-bearers of DCA Gujranwala were included; that in the present move, newly-elected office-bearers of DCA Gujranwala are also included; that out of 18 office-bearers, 12 moved the motion for Vote of No Confidence against the office-bearers of RCA Sialkot, therefore, respondent No,3 is bound to entertain and fix the date for voting; that respondent No,3 is prolonging the matter just to afford more time to the office-bearers of RCA Sialkot to continue to enjoy their offices with all the malpractices and illegalities which is not in the interest of RCA Sialkot, DCAs falling in the region and even in the Pakistan Cricket Board.
3. On the other hand learned Legal Advisor for the respondent, Pakistan Cricket Board besides contesting the arguments advanced by the learned counsel for the petitioners, has vehemently opposed the grant of prayer made by the petitioners by submitting that the order impugned in this petition has validly been passed following the rules framed for the purpose which have statutory backing and also been upheld by the Supreme Court of Pakistan. He places reliance on 2010 M LD 1241 "Dr. Muhammad Ali Shah v. PCB" and order dated 12-11-2010 passed in C.P.L.A. No,429-K of 2010.
He prays for dismissal of the petition.
4. I have heard the arguments advanced by the learned counsel for the parties and perused the relevant rules. .
5. The Regional Cricket Association is elected body consisting of Executive Committee and general body. The Executive Committee consists of elected office-bearers of Regional Cricket Association and one Executive Member represented by District Cricket Association whereas the general body is comprised of Executive Committee and one representative of each district. Election of Regional Cricket Association is conducted by the Election Commission of Pakistan Cricket Board to elect the President and Secretary. A senior Vice-President, Vice-President, General Secretary and one Executive member represented by District Cricket Association are elected by the District Cricket bodies themselves. For the decision only voting process, the tenure of office-bearers and the procedure for vote of no confidence resolution are relevant. The elected office-bearers of each District Cricket Association cast their' votes for President and Secretary of Regional Cricket Association. If elected, the office-bearers of Regional Cricket Association can enjoy two consecutive terms of three years each. Vote of no confidence is not to be initiated before the expiry of 18 months from the date of election of Regional Cricket Association. However the minimum of 2/3 majority is required to pass the motion. It is also stipulation that if such resolution for vote of no confidence fails it cannot be re-initiated earlier than 12 months.
6. The question before this Court is whether the resolution of vote of no confidence was ever initiated, if so whether it fails and if yes, can it be re-initiated earlier than the period of 12 months.
7. Record reveals that on 29-6-2012, 12 office-bearers of District Cricket Association moved a motion for no confidence before the Election Commission, Pakistan Cricket Board but they were informed that no confidence resolution has failed because the two office-bearers of District Cricket Association, Gujranwala have lost their status as such. However, on 24-7-2012 another motion of no confidence resolution was moved by 12 office-bearers including those who were newly elected office-bearers in District Cricket Association, Gujranwala, which was now replied on 31-7-2012 by the respondents stating therein that as earlier resolution dated 19-6-2012 for no confidence against office-bearers of Regional Cricket Board, Sialkot has already failed, therefore, no second motion of no confidence resolution can be initiated before the expiry of 12 months. In my humble understanding, I have failed to appreciate that how can a resolution unless tabled/voted upon be termed as a failed resolution. Order dated 24-7-2012 was rightly passed on the ground that since earlier resolution dated 29-6-2012 was moved by the office-bearers including outgoing office- bearers of District Cricket Association; therefore, the same was not entertainable. But the subsequent stance by respondent No,3 appears to be nothing but misinterpretation of the procedure for election of Regional Cricket Association. The condition of 12 months expiry period could have been imposed, had the motion of no vote of confidence resulted into failure after voting. Therefore, respondent No,3 illegally killed the motion in his chamber not only without putting it in the motion but also without A affording an opportunity of hearing to all the concerned i,e,12 office-bearers of District Cricket Association, Gujranwala. I also draw inference from Rule 21 of the Rules of Procedure and Conduct of Business in the National Assembly, 2007 which is the highest forum where the democratic norms are supposed to be observed. Needless to state that whenever democratic values are ignored, adhocism comes into play: Pakistan Cricket Board is a separate entity, a newly-created institution, which has its own rules of business and procedure. This institution, in all fairness be allowed to stand but only under its own mechanism. It is of a pivotal importance not only for strengthening nationalism but also promoting positive image abroad. It should not and must not tilt towards not transparent and conducted against the rules and regulations.
8. In this view of the matter, I allow this petition by declaring letter/order dated 31-7-2012 having been passed without lawful authority and in disregard of law, rules and regulation as resolution of no B confidence can only fail after voting is held. Consequently, respondents are directed to immediately put motion of no confidence dated 24-7-2012 for voting purposes.