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SHC orders PDA (Central Council) to hold its elections on Dec 20

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Karachi – The Sindh High Court has directed Pakistan Dental Association (Central Council) to conduct its elections on Dec 20, 2012 without any fail or excuse.The SHC learned Judge Justice Ali Mazhar gave this direction on Nov 7, 2012 while disposing of a suit (No 1700/2009) filed by Dr Mahmood Shah, has also directed the Pakistan Dental Association (Central Council) Secretariat to comply with all necessary formalities and requirements for the election on the agreed date without fail.

The petitioner Dr Shah, represented by Advocates Muhammad Zubair Qureshi and Muhammad Rehan Qureshi, had impleaded Pakistan Dental Association (Central Council), Chief Election Commissioner, Pakistan Dental Association (Central Council) for the Elections-2009, Prof (Dr) Tariq Zaman and Prof M. Yusuf, Election Commissioners, PDA (CC) for the Elections-2009 and the Registrar of Societies as respondents.

Disposing of the petition, the learned judge in his verdict said that the election of PDA (Central Council) will be held in accordance with the Constitution of Pakistan Dental Association, 1999, with amendments made in the Constitution in the Annual General Body Meeting held on Nov 18, 2006.
The Court observed that though the PDA (Central Council) elections, under its Constitution, are to be held on December 1 after every three years, the parties in the case in view of voluminous ministerial work involved have mutually agreed that the elections will be held on Dec 1, 2012 without any fail or excuse.

The Court ordered that a learned retired Judge of High Court be appointed as Election Commissioner and the defendant No 1 (PDA Secretariat) shall forward in writing at least three names of learned retired judges of High Court for consideration and approval of the plaintiff within a period of one week from the date of announcement of this order for appointment of Election Commissioner. The plaintiff would be required to communicate the approved name in writing to the defendant No. 1 (PDA-Central Council)  within one week, the order further said.
According the Court’s order, the composition of Panel shall be in accordance with Article-V of the Constitution of PDA, 1999 while a final report of the election and handing over charge to the newly-elected body/management, will have to be submitted to the court through Registrar within one week from the date of announcement of the election’s results.

The plaintiff in his petition has prayed to the court to declare the plaintiff’s panel No. 3 consisting of President, Senior Vice President, General Secretary and Treasurer have been elected unopposed and defendants No 2 to 4 (Chief Election Commissioner and Election Commissioners, Pakistan Dental Association (Central Council) for the Electioins-2009, be directed to issue notification accordingly.
The plaintiff has also prayed to the court to declare that the acts of the chief election commissioner and the election commissioners of PDA (Central Council) Elections-2009 as illegal, unlawful and not in accordance with the rules as laid down in Section 3B(i) and Section 3C(i) of the Constitution of Pakistan Dental Association (CC),1999.

He has also requested court to grant permanent injunction, restraining the defendants No.2 to 4 (Chief Election Commissioner and the election commissioners of PDA (Central Council) Elections-2009, their officials, representatives, subordinates, or any one acting for and on their behalf from holding PDA (CC) Elections-2009 and/or taking actions in any manner whatsoever detrimental to his interest.

November 25, 2012

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