Law: Trade Organization Act, 2013

Section: R.11,11(1)(a)(e),13,15,15(1)(b),18(13)

Law: Trade Organization Act, 2013

Section: 3,4,13

Trade Organizations Rules, 2013--- ----Rr. 11, 15 & 13---Trade Organizations Act (II of 2013), Ss. 13, 3 & 4---Trade Organization---Eligibility for membership and licence---Eligibility criteria for participation in electoral process of Trade Organizations---Partnership firm---Requirement that prospective member has a valid National Tax Number and sales tax registration---Petitioner impugned order passed by the Election Commission of the Trade Organization whereby candidature of the respondent partnership firm was allowed, despite petitioner's objection regarding non-fulfilment of requirements of R. 11 of the Trade Organization Rules, 2013---Validity---Rule 11 of Trade Organizations Rules, 2013 provided that for a partnership firm to be eligible to be granted membership of any trade organization, in had to hold a National tax Number (NTN) in name of the business concern and in the present case, there was no evidence that the respondent firm was registered as member of the Trade Organization with its valid NTN on date when its nomination papers were filed---NTN provided by respondents was not registered to the firm but one of its partners under category of "individual"---High Court observed that since NTN of the individual partner was not the NTN of the firm, therefore requirement of R. 11 of the Trade Organizations Rules, 2013 were not fulfiled by the respondent partnership firm for membership of the Trade Organization on date of filing of its nomination papers---High Court set aside impugned order whereby respondent's nomination for election was allowed and remanded the matter to the Election Commission of the Trade Organization to decide objections with regard to respondent partnership firm's candidature---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant writ petition, the petitioner, Khamas Saeed, impugns the order dated 21.12.2018 passed by the office of the Regulator of Trade Organizations, Directorate General of Trade Organizations (respondent No.1) dismissing his appeal against the order dated 15.12.2018 passed by the Election Commission, Federation of Pakistan…

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