| Citation(s) |
|---|
| 2025 SLG 717 2025 SLD 717 = 2025 LHC 1092 |
Writ PetitionNo.8683 of 2024
SYED AHSAN RAZA KAZMI, J.
Date of Hearing 18.03.2025 PETITIONER M/s.Mahammad Nawazish Ali Pirzada and A.R.Aurangzeb, Advocates
Respondents by: Mr.Tahir Mehmood Mufti, Deputy Attorney General for respondent No.1. Malik Ghulam Sabir, Advocate for respondent No.4. Mr.Muhammad Tahir Saeed Ramay, Advocate for respondent No.3. Sardar Abdul Basit Khan, Advocate for respondent No.4. Rai Mazhar Hussain Kharal, A.A.G. on Court’s call.
Malik Muhammad Sarfraz Nazam Awan
VS
. Federal Government, Ministry of Commerce through its Secretary, Islamabad and 3 others
Law: Constitution of Pakistan, 1973
Section: 199
Law: Trade Organization Act, 2013
Section: 21(2), 21(4), 2(1), 2(o), 3(8), 6(1)(c), 14(3)(g)
Law: Companies Act, 2017
Section: 190,42
Law: General Clauses Act, 1897
Section: 24-A
SUMMARY
The petitioner filed a Writ Petition under Article 199 of the Constitution, challenging two letters dated October 21 and 22, 2024, regarding a No Confidence Motion against the President of the Bahawalpur Chamber of Commerce and Industries (BCCI). The petitioner argued that the Trade Organization Act, 2013, and related rules do not provide for a No Confidence Motion and that the Companies Act, 2017, should not apply.
The respondents contended that the Companies Act, 2017, applies to registered trade organizations and that the petitioner had an alternate remedy under Section 21(2) of the Act, making the writ petition non-maintainable. The Court agreed with the respondents, ruling that the Companies Act applies and that the petitioner should have first appealed to the Federal Government under the statutory process.