252/2013 Suit Dr. Muhammad Iqbal & others (Plaintiff) V/S Pakistan Medical Association (Centre) (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 09-JAN-14
Bye-law 48(d) provides that all delegates will be elected by the respective branches and the Branch Secretaries have to get their names registered with PMAC one month before the conference in order to prepare an electoral list. It appears that such exercise has been carried out by PMA Hyderabad and Dr. Muhammad Waseem Shaikh, the Honorary General Secretary, has provided the list. The only controversy that needs to be resolved is that of Annexure P/8, which is the letter of PMA Hyderabad concerning their general body meeting wherein they have decided the names of the delegates. In order to resolve such controversy I have gone through the relevant articles and bye-laws of the Association. Sending names of delegates of a branch in pursuance of relevant bye-laws are only the prerogative of concerned branch and as far as any decision taken in the general body meeting of PMA Sindh is concerned, it carries no role in the branch decision concerning delegates. PMA Sindh could only forward list of the delegates provided by the concerned branch. It is important to note that as far as General Body Meeting of PMA Hyderabad is concerned, it has not been objected by any member of PMA Hyderabad that the delegates of PMA Hyderabad were not elected. It was only PMAC which claims that the list of Hyderabad delegates was not sent. Now if anybody who could have a valid objection as far as election of delegates are concerned that could be a member or members of PMA Hyderabad, certainly not PMAC or PMA Sindh. None of the members of PMA Hyderabad has objected to the process of sending names of delegates of PMA Hyderabad so it does not lie in the mouth of defendants to object to such list of delegates (as far as election is concerned) when they themselves have no role in the process of sending list of delegates. Importantly in electoral list the names of delegates from Hyderabad Branch have not been included and it was only central councillors who have been inducted. Byelaw 48 speaks for election of delegates and for sending its name by General Secretary of that particular branch.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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