Law:

Section:

(a) Constitution of Pakistan (1973)---Art 199---Constitutional petition---Maintainability---Person being not an aggrieved party, cannot invoke constitutional jurisdiction of High Court under Art.199 of the Constitution. (b) Trade Organizations Ordinance (XXXI of 2007)---Ss. 5 & 21---Penal Code (KLV of 1860), S.419---Constitution of Pakistan (1973), Art.199-Constitutional petition---Maintainability--Alternate remedy---Factual controversy---Concealing of facts---Petitioner was denied issuance of trade certificate who without availing remedy of appeal, invoked constitutional jurisdiction of High Court---Validity--Petitioner did not avail remedy of appeal against disputed license under Trade Organizations Ordinance, 2007---Petitioner had no locus standi nor legal status to file constitutional petition, which had not been properly constituted and it had not been filed by a duly authorized person---Factual controversy was involved and petitioner had concealed material facts especially in Form A and had further impersonated as a Chairman or office bearer of defunct organization, whose license had been revoked-Such conduct of petitioner was an offence under S.419, P.P.C.---Constitutional petition was dismissed in circumstances. Friendship Textile Mills v. Government of Pakistan 1998 CLC 1767; Qamber Ali Baloch v. Principal Daud College 1987 CLC 371 and Sabzi and Fruits v. Commissioner, Larkana 2001 YLR 916 ref. JUDGMENT DR. SAJID QURESHI, J.---Brief facts of the case are that the petitioner being an individual has filed a writ petition through Pakistan Overseas Employment Promoter Association (POEPA) which is a Trade Organization, a body that was constituted under a license No.135 dated 19-2-1994, which was granted by the Ministry of Commerce and on 31-5-1994, POEPA was duly incorporated as a company. The Memorandum and Articles of Association provided the conduct of election for the office bearer of Association and 'each year the election process was conducted. The election Schedule for 2005-06 was issued by the Executive Committee of POEPA but the election could not take place due to the restraining order issued by Director Trade Organizations on that certain…

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