Law: Trade Organization Act, 2013

Section: 3(2)(b),11,15

Law: Trade Organization Act, 2013

Section: 3,4

Trade Organizations Rules, 2013--- ----Rr. 3(2)(b), 11 & 15---Trade Organizations Act (II of 2013), Ss. 3 & 4---Trade Organization---Eligibility for membership and licence---Eligibility criteria for participation in electoral process of Trade Organization---Scope---Conditions prescribed for members of Trade Organizations in terms of R. 3(2)(b) are disjunctive and compliance of any one of them would make an entity eligible for membership or for voting in elections, as the case may be. Shah Wali and 6 others v. Quetta Chamber of Commerce and Industry and 17 others 2012 CLD 802 rel. ORDER ASIM HAFEEZ, J.---The petitioner has impugned order dated 07.08.2019 passed by respondent No. 1, whereby the name of the petitioner entity was removed from the voter's list by way of cancellation of its membership of the Multan Chambers of Commerce and Industry (MCCI). The respondent No. 1 is represented. It is observed that respondent No.5, appellant cum objector before the respondent No. 1 was served, who chose not to appear or be represented. 2. The facts necessary for adjudication of the lis at hand are that petitioner entity claimed membership of MCCI [Trade Organization], whose eligibility to vote during up-coming elections of MCCI was questioned by the respondent No.5. Upon being unsuccessful before the Secretary General and the Election Commission, the respondent No.5 filed appeal before the respondent No. 1 in terms of Rule 18(7) of The Trade Organizations Rules, 2013 (Rules, 2013), which was accepted vide impugned order dated 07.08.2019, by declaring the petitioner ineligible to vote in the elections scheduled. Hence this petition. 3. On the issue of maintainability of this petition in view of section 21 of the Trade Organizations Act, 2013 (Act, 2013), the learned counsel for the petitioner submits that, in pith and substance, the matter relates to eligibility of the petitioner as a voter of MCCI and the order passed by the respondent No. 1 was relating to the electoral process - disqualification of the petitioner to vote  therefore appeal under section 21, ibid, is not available. A reference is made to clause (e) of sub section (3) of section 14 of Act,…

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