Law:

Section:

(a) Trade Organizations Ordinance (XLV of 1961)--- ----S. 10---Supersession of Chamber of Commerce and Industry for a period of three months and appointment of administrator to run its affairs ---Validity--­Power granted to Federal Government for supersession of Executive Committee and appointment of Administrator was dependent upon formation of opinion that affairs of trade organization were not being properly managed and that interest of trade and industry required supersession of Executive Committee and appointment of Administrator---Opinion which Federal Government had to form under S. 10, Trade Organizations Ordinance, 1961, should not be subjective but must be objective and should be based upon material on record and should be supported by reasons---Order of supersession, fell short of the requirement of S. 10, Trade Organizations Ordinance, 1961 for there was nothing to show as to what were the reasons which impelled the Authority to come to such conclusion---Material on the basis of which such opinion could be formed honestly, fairly and justly was not forthcoming on record---Authority in the order in question, although listed irregularities committed by the Executive Committee of the Chamber concerned (trade organization) but failed to record a definite finding as to which of those allegations were correct---Reasons for coming to such conclusion that affairs of the Chamber were not being properly managed were not decipherable from the order in question---While superseding an elective body it was all the more essential that such matter should have been decided after proper application of mind---While interpreting laws authorising dissolution/supersession of elected bodies, Courts have always insisted that conditions laid down for exercise of that power must be strictly adhered to and should be shown to exist---Executive Body of Chamber of Trade and Industry was restored---Election to such body was to be held positively by the specified date and a Commissioner was appointed to supervise the elections of the Chamber concerned---Authority, however, would have option to pass fresh order in accordance with law, if it so desired. Khawaja Muhammad Sharif v.…

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