March 15, 2006	Wednesday	Safar 14, 1427

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PESHAWAR, March 14: An additional district and sessions judge has declared the elections of the NWFP Hockey Association (NWFPHA) by the Pakistan Hockey Federation (PHF) in violation of the federation’s constitution.

The court presided over by Muhammad Jamal Khan accepted the appeal filed by Hidayatullah Khan, secretary general of Peshawar District Hockey Association, and set aside an order of the civil judge given on Jan 18 whereby the judge had declined to issue a stay order against the NWFP Hockey Association’s elections.

The court also suspended the guidelines issued by the PHF’s provincial coordinator, Malik Naveed, on Dec 8, 2005, for conducting scrutiny of the hockey clubs in the province and holding of the polls.

The court observed that the process of election carried out on Jan 19 was in contravention of the provisions of the constitution and were thus declared to have been held in violation of the provisions of the constitution and on the basis of illegal guidelines of the order on Dec 8, 2005, which were suspended till the mandatory period ordained in the Civil Procedure Code or till the decision of the case which ever was earlier.

The court accepted the appeal filed for staying the scrutiny of the clubs and conducting the polls.

Advocate Nusrat Yasmeen appeared for the appellant and stated that all the provincial hockey associations were controlled by the PHF and in turn it was governed by the Pakistan Sports Board (PSB) under the ordinance promulgated in 1961.

She argued that under para 12 clause (a) of the PHF’s constitution the district hockey association having minimum of two affiliated clubs should be qualified for the representation in the congress.

She added that such hockey association had the right to attend only the meeting of the congress but should not have the right to vote or contest elections.

Ms Yasmeen further stated that clause (b) of the said para provided that a district hockey association having more than two but less than five approved clubs should have the right to vote but not to contest elections.

She referred to clause (c) and stated that it provided that a district association having affiliation of more than five clubs had the right to vote as well as to contest elections.

She stated that on Dec 8, 2005, the PHF issued directives wherein it was provided that five or more clubs would form a district association and which should be a unit for the purpose of vote and to contest polls.

The court observed that the guidelines issued on Dec 8 by the provincial coordinator were in conflict with para 12 of the constitution which were patently illegal having no legal effect whatsoever.