2003 PLP 1349 (CLD)

S. 41

Trade Organizations Ordinance (XLV of 1961), S.12

Eligibility of candidate for posts of Vice-Presidents prescribed by Managing Committee of Federation of Pakistan Chambers of Commerce and Industry

Plaintiff challenged such eligibility through application under S.41 of the Act and sought interim relief to stay election-- Contention of defendants was that arbitration application filed by plaintiff claiming similar relief was pending before Arbitration Tribunal constituted under S.12 of the Trade Organizations Ordinance, 1961

Validity

Not possible for High Court to decide controversy within time due to pendency of arbitration proceedings before Arbitration Tribunal constituted under law

Interim order, if any, passed by High Court would disturb whole election process of the. Federation

High Court disposed of applications with directions to Arbitration Tribunal to take up matter and decide the same on the next day, so that plaintiff might have enough time at his disposal to file nomination, if allowed. Shahenshah Hussain for Applicant. Khalid Javed for Respondents Nos. 1, 2, 3 and 5 This is an application under section 41 of the Arbitration Act in which the plaintiff has made the following prayer:-- (1) Declaration that the decision of the Managing Committee prescribing the eligibility of the candidate for the additional posts of five Vice Presidents is illegal and void. (2) Injunction restraining respondent No.5 from holding election to the posts of Vice-Presidents till the decision of the appeal and this application. The plaintiff has also made an application for grant of interim relief by way of C.M.A. No.8394 of 2002 that the elections for the post of Vice-President of the respondent No. 5 to be stayed. I have heard the arguments of Mr. Shahenshah Hussain as well as Mr. Khalid Javed, learned counsel for the parties. At the outset, Mr. Khalid Javed has pointed out that the plaintiff has filed an application under section 5 of the rules and regulations of the Arbitration Tribunal of the Federation of Pakistan Chambers of Commerce and Industries constituted under section 12 of the Trade Organizations Ordinance, 1961 in which similar relief is sought by the plaintiff as in the suit. He has further stated that respondent No.5 through its letter dated 17-12-2002 has constituted the Arbitration Tribunal for deciding the arbitration application of the applicant. It is stated that the last date for filing of nomination for election for the post of Vice-President is 21-12-2002 while elections are to take place on 23-12-2002. As the applicant wishes to contest the election for the post of Vice President, and he has challenged certain decision of the respondent No.5 regarding the election before Arbitration Tribunal, it will be just and proper that the matter before the Arbitration Tribunal is decided. Mr. Khalid Javed strongly opposes the application of the applicant and states that the applicant has deliberately approached this Court as well as Arbitration Tribunal after more than two months as the decision regarding the holding of election was made at Managing Committee meeting held on 23-9-2002 which resolution of the Managing Committee was circulated to all the members vide its minutes dated 25-9-2002 which are annexed as Annexure 'C' to the application of the applicant. Mr. Khalid Javed states that the applicant was a member of Managing Committee of the respondent No.5 when this meeting was held. Mr. Shahenshah Hussain contends that the decision taken by the respondent No.5 in its meeting of the Managing Committee dated 23-9-2002 is mala fide and illegal and he further contends that his case before this Court is well in time. After considering the arguments of the learned counsel, I consider it appropriate that in the face of pendency of the arbitration proceeding before 'the Arbitration Tribunal constituted under the law by the respondent No.5, there is no possibility of this Court being able to decide the controversy within time and that if any interim order is passed by the Court, obviously that ill amount to disturbing the whole election schedule of the respondent No.5. In these circumstances, the Arbitration Tribunal is directed to take up the matter for hearing tomorrow i.e. 20-12-2002 at 4-00 p.m. The applicant waives notice of date and time of the hearing of arbitration application. It is further directed that Arbitration Tribunal shall decide the application of the applicant latest by 10-00 a.m. on 21-12-2002 so that the applicant has enough time at his disposal to file his nomination if allowed. With this observation this J.M. No.64 of 2002 and the C.M.A. No.8394 of 2002 are disposed of. S.A.K./D-4 /K Order accordingly.