Law:

Section:

Trade Organizations Ordinance (XLV of 1961).----- - S. 9-- Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Annulment of election---Director of Trade Organizations annulled election of Chairman of the Association without stating exact nature or specific malpractices in conduct of election- --Provision of S.9. Trade Organizations Ordinance, 1961, whereunder election was annulled being a restriction on fundamental right of freedom of Association, had to be strictly construed---In absence of any serious irregularities in conduct of election, it was not proper on the part of Director, Trade Organizations to annul election on sheer technicalities which had not even been complained of by respondents---Order of Director, Trade Organizations whereby election was annulled, was declared to be illegal by High Court in exercise of its Constitutional jurisdiction. Civil Aviation Authority, Islamabad and others v. Union of Civil Aviation Employees and another PLD 1997 SC 781; Sultan Mawjee and 3 others v. Federation of Pakistan Chamber of Commerce and Industry, Karachi and 3 others PLD 1982 SC 174 ref. JUDGMENT The petitioner was elected on 5-4-1997, as Chairman. North Zone of Pakistan Hosiery Manufacturers Association (P.H.M.A.). Respondent No.3 moved a petition under section 9 of the Trade Organization Ordinance, 1961, before the Director of Trade Organization, respondent . No.2 for annulment of the said election of the petitioner. The Director, Trade Organization vide impugned order, dated 30-5-1997 annulled the election of the petitioner held on 5-4-1997. The petitioner filed an appeal under section 15 of the said Ordinance to the Federal Government, on which no action has so far been taken. 2. Learned counsel for the petitioner has stated that the impugned order, dated 30-5-1997, passed by the Director, Trade Organization with the approval of the Federal Government, was void, without jurisdiction and nullity in the eye of the law. It was submitted that the impugned order itself clearly showed that the respondents had not mentioned the exact nature or specific malpractices in the conduct of the elections and respondent No.2 had decided to reject the…

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