Law: Constitution of Pakistan, 1973

Section: 18,199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Factual controversy---Office-bearers of Chamber of Commerce---Genuineness of resignation---Proof---Petitioners were office bearers of Chambers of Commerce and Industry (HCCI) and their grievance was that on basis of false and fake resignations they were removed from office---Validity---Question whether resignation letters of petitioners was fabricated or not, required a full inquiry, recording of evidence and even opinion of Hand-writing Expert---Such factual controversy was, as alluded, beyond scope of jurisdiction of High Court under Art. 199 of the Constitution---Constitutional petition was dismissed in circumstances. Shafique Ahmed Qureshi v. HCCI 2015 CLD 107; Anjuman Fruit Arhtian v. Deputy Commissioner 2011 SCMR 279 and Fida Hussain v. Saiqa 2011 SCMR 1990 ref. THIS JUDGMENT DELIVERED BY: MOHAMMED KARIM KHAN AGHA, J.--- This Constitutional Petition has been filed by the petitioners (Muhammed Ikram Rajput and Iqbal Hussain Baig) under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The petitioners have prayed as under:- A. That this Honourable Court may graciously be pleased to direct the Respondents Nos.4 and 5 to remove the police picket/police mobile from the Awan-e-Tijarat, Hyderabad Chamber of Commerce and Industry. B. That this Honourable Court may graciously be pleased to restrain the respondents Nos.5 to 7 not to indulge in the peaceful business of the petitioners. C. That this Honourable Court may graciously be pleased to direct the respondents Nos. 5 to 7 to de-sealed the office of the Hyderabad Chamber of Commerce and Industry (HCCI) and allow the petitioners to perform their job/duties. D. That this Honourable Court may graciously be pleased to provide protection to the petitioners under the garb of Article 18 of the Constitution of Islamic Republic of Pakistan. E. That, any other relief which this Honourable Court may deem fit and proper to award the petitioner. 2. The brief facts of the case are that as per schedule the annual Elections to the HCCI were held on 27.05.2018 in which the petitioner No.1 was elected as President and the petitioner…

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