| Citation(s) |
|---|
| 2016 SLG 830 2016 SLD 830 2016 CLD 598 |
Sindh High Court
C.Ps. Nos. D-6686 and D-6687 of 2014, decided on 18th August, 2015. Date of hearing: 12th August, 2015.
SAJJAD ALI SHAH AND MUHAMMAD, JUNAID GHAFFAR, JJ
Khalid Javed for Petitioners. Salah-ud-Din Ahmed for
Respondent No. 1. Shaikh Liaquat Hussain, Standing Counsel for
Respondent No. 2.
C.Ps. Nos. D-6686 and D-6687 of 2014, decided on 18th August, 2015. Date of hearing: 12th August, 2015.
SAJJAD ALI SHAH AND MUHAMMAD, JUNAID GHAFFAR, JJ
Khalid Javed for Petitioners. Salah-ud-Din Ahmed for
Respondent No. 1. Shaikh Liaquat Hussain, Standing Counsel for
Respondent No. 2.
Engr. DAROO KHAN ACHAKZAI and others
VS
REGULATOR OF TRADE ORGANIZATIONS (DIRECTORATE GENERAL OF TRADE ORGANIZATIONS) MINISTRY OF COMMERCE GOVERNMENT OF PAKISTAN and others
Law:
Section:
Trade Organizations Act (II of 2013)--- ----Ss. 10(3), 4(3) & 2(f)---Trade Organizations Ordinance (XLV of 1961), S. 3 [Since repealed]---Constitution of Pakistan, Art. 199---Constitutional petition---'Existing trade organization's---Meaning---Membership of trade organization---Licensing and registration of trade organization---Revocation of license of existing trade organization---Right to vote---Principles as to eligibility---Petitioner claimed that respondents were not eligible to contest elections for post of Vice President from Balochistan Province as they were not registered as licensed body under Trade Organizations Act, 2013---Validity---Under S. 2(f) of Trade Organizations Act, 2013, an existing trade organization meant an organization licensed under Trade Organization Ordinance, 1961 [since repealed]---Section 4(3) of Trade Organizations Act, 2013 provided that an 'existing trade organization' which had applied for grant of licence within time notified by Federal Government would continue to function as Trade Organization until Federal Government decided its application for grant of licence and until first elections were held according to rules made under Trade Organizations Act, 2013---Section 10 (3) of Trade Organizations Act, 2013 provided that Chamber which was member of FPCCI would be eligible to vote in election of office-bearers and committees of Federation on completion of two years of grant of licence, provided that existing trade organization, on grant of licence under Trade Organizations Act, 2013, would be deemed to be member of Federation and would be entitled to vote---Case of respondents was not issuance of fresh licence---Respondents had been issued license under Trade Organizations Ordinance, 1961 [since repealed]---Respondents had initially applied for issuance of licence under Trade Organizations Ordinance, 1961 [since repealed] and thereafter under Trade Organizations Act, 2013---Record showed that respondents had already been issued licence for Makran Chamber and Gwadar Chamber under Trade Organizations Ordinance, 1961, which assertion had not been controverted by petitioners---Case of respondents, therefore, did not fall…
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