| Citation(s) |
|---|
| 2012 SLG 2234 2012 SLD 2234 2012 CLD 802 |
Balochistan High Court
Civil Appeal No.3 of 2010, decision dated: 16-01-2012.
MRS. SYEDA TAHIRA SAFDAR, J
Kamran Murtaza for Appellant. Malik Sikandar, Deputy Attorney-General for
Respondents Nos.1 and 3. Baz Muhammad Kakar for
Respondents Nos.4 to 18.
Civil Appeal No.3 of 2010, decision dated: 16-01-2012.
MRS. SYEDA TAHIRA SAFDAR, J
Kamran Murtaza for Appellant. Malik Sikandar, Deputy Attorney-General for
Respondents Nos.1 and 3. Baz Muhammad Kakar for
Respondents Nos.4 to 18.
SHAH WALI and 6 others
VS
Quetta court CHAMBER OF COMMERCE AND INDUSTRY and 17 others
Law:
Section:
(a) Trade Organizations Ordinance (XLIX of 2009)-------S. 21(4)---Limitation Act (IX of 1908), S. 5---High Court appeal---Delay---Condonation of---Appellants challenged order of Authority dated 29-12-2009 through appeal to the High Court filed on 25-2-2010 with a delay of 28 days---Contention of appellants was that copy of order dated 29-12-2009 was supplied to them two days prior to the filing of present appeal, and that the officials of the Authority with mala fide intention adopted an adverse attitude towards them and the delay in filing of present appeal was neither intentional nor deliberate---Validity---Order was made by the Authority on 29-12-2009 marked in the name of one of the appellants, but there was no endorsement as to when said order was served on him---Time of service was most important because period of limitation had to be counted from the date of service; which was missing---High Court, while keeping in view such circumstances, condoned the delay in filing of the appeal. (b) Trade Organizations Ordinance (XLIX of 2009)--- ----Ss. 14(3), 21(2) & 21(4)---Appeals in matters relating to the electoral process before the conduct of an election---Powers of the Director-General Trade Organizations---Scope---Appellants had preferred an appeal before the Authority challenging order of Director-General Trade Organizations that was dismissed as being not maintainable on technical grounds---Said order of Authority was assailed in the present appeal---Validity---Director-General of Trade Organizations was the final forum of appeals in matters relating to the electoral process before conduct of the election---Perusal of application filed by appellants before Director-General Trade Organizations reveals that it was filed with the subject "Cancellation of illegal schedule of forthcoming election of Chamber of Commerce Quetta"---Said application was proceeded with and decided by the Director-General Trade Organizations---Grievance of appellants was in respect of matter pertaining to the electoral process, and that too, before the conduct of the election, which was decided by the Director-General of the Trade Organizations being the competent…
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