Law: Trade Organization Act, 2013

Section: 14,13

Trade Organizations Act (II of 2013)--- ----Ss. 14 & 13---Trade Organizations Rules, 2013, Rr. 18, 13, 15 & 11---Powers and functions of the Regulator---Election procedure of a trade organization---Eligibility to vote---Petitioner impugned order of Regulator of respondent trade organization, passed under R. 18(7) of the Trade Organizations Rules, 2013, whereby petitioner was declared ineligible to vote in scheduled elections---Validity---Perusal of record and impugned order revealed that question of eligibility of petitioner to vote was not correctly examined in light of the eligibility criteria prescribed under the law---Determination carried out by Regulator of the respondent trade organization, qua petitioner's eligibility to vote, was erroneous and defective and could not be sustained---High Court set aside impugned order and remanded matter to Regulator with direction to determine the question of petitioner's eligibility in accordance with law and after providing opportunity of hearing to the parties--- Constitutional petition was allowed, accordingly. 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…

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