Its better to be aware of the PCB constitution before making such claims. There are loop holes in the PCB constitution. These loopholes existed in the 2014 constitution as well as the 2019 constitution. Posters who discuss PCB's chairman election, first need to study the constitution of PCB of both years. Even before Najem Sethi came, the PCB constitution was fragile even before.
I am going to provide a very simple breakdown of all things.
Ministry concerning with PCB
Like all govt offices, PCB falls under a govt ministry or division. These ministries and division provide a constitutional body to the govt offices. They make them legitimate offices under the Pakistani law and the International concerning body.
Ministry of inter provincial coordination is a constitutional body that is responsible for the coordination between federal and provincial bodies. Pakistan Cricket Board and Pakistan Sports Board fall under this ministry and division.
MoIPC role
Because MoIPC acts as a constitutional body, it is this ministry or division that can submit a summary for either restoration of a previous PCB constitution or get a new constitution made.
The application or new constitution needs to be submitted to the senate. In the senate there will be a standing committee that takes care of such day to day affairs.
Senate standing committee
Members of any senate committee are elected senators. Not more than 14 senators can exist in a committee, and one member cannot be members of more than 5 senate committees.
The committee looks after the procedures and conduct of business.
PTI has 27 seats, PPP has 20 seats and PMLN has 18 seats in the senate.
Committee Name: Inter- Provincial Coordination; Committee Type: Standing Committee
Now here is the interesting part, now as I explained above, the inter provincial has a standing committee made up of senators. And to pass any order they need to vote amongst themselves.
Now lets take a look at the members of the standing committee that dealt with Rameez Raja's faith
Inter Provincial Coordination stanning committee members:
Faisal Javed (PTI)
Saeed Hashmi (BAP)
Ishaq Dar (IND)
Gurdeep Singh (PTI)
Azam Tarar (PMLN)
Khalida Mandhro (PPP)
Muhtaq Ahmad (JIP)
Jam Mahtab Dahar (PPP)
Kamran Michael (IND)
Shaukat Tari (PTI)
Now alot of members in this are from 2018 and 2021. THey could had done this against Waseem Khan or Ehsan Mani but they didn't.
PCB constitution of 2014
https://www.pcb.com.pk/downloads/PCB-Constitution-Complete-2014.pdf
Now lets take a look at the constitution of PCB itself.
People think that it was the 2014 constitution that removed Rameez Raja, when in fact it was not. In terms of who can be added or removed, the 2014 constitution is is no different than the 2019 constitution, only difference is that 2014 has departments while 2019 has city associations.
As for the chairman, the 2014 constitution states:
PCB chairman to be elected from an election that only involves Board of Governor members.
How can one become a Board of governor?
4 representatives of regions, and 4 representatives of the departments, along with 2 members to be nominated by the PATRON, who is the prime ministers
Now what usually happens is that no BOG member from region gets to become a PCB chairman, but its the nominated guy by the PM that becomes the chairman. I think only Zaka Ashraf was the last guy to become chairman from a department BOG member
2 members to be nominated by Patron means that yes the PCB is not independent and govt influences it.
Hopefully the 2019 constitution would deal with this issue right?
PCB constitution of 2019
https://www.pcb.com.pk/downloads/PCB Constitution 2019 + Amendment.pdf
The PCB constitution says that chairman should be from the BOG members. Ok that's good, that's just like the 2014 constitution.
3 members from the city associate to be made BOG member
4 independent members, that should be approved by the BOG from amongst the nominations recommended by the nomination committee of the board.
2 members to be nominated by the Patron, who is the PM
Hence, even the 2019 constitution, which every tom, dick and harry celebrated as being a revolution in cricket, has the same issue. The govt gets to pick 2 members in the BOG.
And one of these two member end up becoming the chairman, hence the chairman is always decided by the political govt, be it the 2014 constitution or the 2019 constitution of PCB.
But what if someone else stands up in election against the BOG member
Yes this can happen, but if someone does this, the govt can come hard against that person as they can be dismissed for misconduct by any body of the federal or provincial govt.
Usually the BOG members from association are these poor ex cricketers that are happy they have a good official post and dont wanna lose it due to stepping on the wrong toes.
The department BOG members are different as these are respected officials who have worked their way and are educated individuals that can stand up.
Final Analysis
Both constitutions are the same.
ICC only looks at whether your board is recognized by the official govt and its constitutional bodies or not. As explained above PCB has the protection of the country's constitutional body so ICC cant dismiss PCB or ban them
Afghanistan cricket board had an issue where a cricket federation was made. Taj Malik and Allah Dad noori had created their own boards which created a mess and ICC almost banned Afghanistan Cricket, because the Taliban govt operated without any official constitution and thus most of their sporting bodies had no official status.
The issue in our case is that we are not violating any laws as the proper constitutional process and legal process was followed. It is up to the country to eradicate the legal loopholes that we ourselves created.
PTI's govt itself did not remove the legal loophole where 2 members of the BOG could be added by the PM himself. So offcourse the office was gonna be politicalized.
Also, with 3 region heads becoming BOG members, do you believe they would be educated enough to be PCB chairman? Atleast the Departments hire educated people who move their way up in their career and than get such posts.
There are a lot of loop holes in our system. I understand why 2 members from the Patron have to be nominated and its only because the regional heads are dumb ex cricketers with no education. Often these guys end up being so biased that they play their own region players because they made promises that if you vote for me I will allow your players to get selected and play.
So the choice is between either Patron's nominated people or Departments elected people.
So which system would you prefer?
A third system could be that the City association have their offices build in each concerned city and the top management should consist of people having education of atleast 16 years and cricket experience isn't required, only admin or other experience related to your job skills needed. You are not gonna find educated ex cricketers
Anyways, this is the whole issue, hence, ICC cant go around banning boards, as these are the ground realities
