PESHAWAR: A Peshawar High Court bench on Tuesday stayed the process of elections of Khyber Pakhtunkhwa Olympic Association in which polling is scheduled for Jan 10 and sought explanation from different parties including the provincial government and provincial sports directorate.
A single-bench comprising Justice Syed Afsar Shah issued an interim order over a writ petition filed by former senator, Haji Ghulam Ali, stated to the president of KP Olympic Association (KPOA) and fixed Jan 8 for next hearing with the direction that the respondents should clarify their positions. The bench ordered that no steps towards holding elections should be held till next order.
The respondents in the writ petition are: Khyber Pakhtunkhwa government through secretary sports; provincial sports directorate; former president and former general secretary of Khyber Pakhtunkhwa Olympic Association, Syed Aqil Shah and Zulfiqar Butt, respectively; and election commission constituted for the impugned elections.
Advocate Shumail Ahmad Butt appeared for the petitioner and contended that the petitioner was duly elected president of Khyber Pakhtunkhwa Olympic Association, the apex body in the province working for the promotion of sports. He stated that the petitioner had been looking after the Khyber Pakhtunkhwa Olympic Association affairs since their elections on June 12, 2013.
Seeks explanations from provincial govt, sports directorate
He stated that previously, the two respondents, Syed Aqil Shah and Zulfiqar Butt, had held key offices at Khyber Pakhtunkhwa Olympic Association for many years and that to perpetuate their stay at the organisation, they got themselves elected for the fourth term through so-called elections on Feb 21, 2012.
He stated that the petitioner had challenged that elections and the high court in Feb 2013 set aside the elections and ordered fresh polls through an independent and impartial election commission.
Mr Butt stated that in pursuance of the court’s direction, Khyber Pakhtunkhwa Olympic Association general council convened a meeting on May 27, 2013 and appointed an independent election commission headed by a former high court judge Justice Malik Hamid Saeed and other independent members to hold free and fair Khyber Pakhtunkhwa Olympic Association elections on June 12, 2013.
The lawyer said the elections were held accordingly under the supervision of Pakistan Sports Board and POA in which the petitioners got elected president for a term of five years.
He added that the fact was also brought into the notice of Supreme Court of Pakistan as well as provincial government.
He added that the provincial government had also recognised the petitioner as elected president of Khyber Pakhtunkhwa Olympic Association.
Mr Butt contended that few days ago Mr Aqil announced formation of an election commission headed by a former judge Justice Qazi Ahsanullah Qureshi and also announced holding of Khyber Pakhtunkhwa Olympic Association’s polls on Jan 10.
He contended that the respondent Aqil Shah was no longer president of the association and he had no authority to issue election schedule and constitute an election commission for that purpose.
Published in Dawn, January 6th, 2016
