2020 PLP 430 (CLD)

ASIM HAFEEZ, J.

The petitioner has impugned order dated 07.08.2019 passed by respondent No.1, whereby the name of the petitioner entity was removed from the voter's list by way of cancellation of its membership of the Multan Chambers of Commerce and Industry (MCCI). The respondent No.1 is represented. It is observed that respondent No.5, appellant cum objector before the respondent No.1 was served, who chose not to appear or be represented.

2. The facts necessary for adjudication of the lis at hand are that petitioner entity claimed membership of MCCI [Trade Organization), whose eligibility to vote during up-coming elections of MCCI was questioned by the respondent No.5. Upon being unsuccessful before the Secretary General and the Election Commission, the respondent No.5 filed appeal before the respondent No.1 in terms of Rule 18(7) of The Trade Organizations Rules, 2013 (Rules 2013), which was accepted vide impugned order dated. 07.08.2019, by declaring the petitioner ineligible to vote in the elections scheduled. Hence this petition.

3. On the issue of maintainability of this petition in view of section 21 of the Trade Organizations Act, 2013 (Act, 2013), the learned counsel for the petitioner submits that, in pith and substance, the matter relates to eligibility of the petitioner as a voter of MCCI and the order passed by the respondent No.1 was relating to the electoral process - disqualification of the petitioner to vote - therefore appeal under section 21, ibid, is not available. A reference is made to clause (e) of sub section (3) of section 14 of Act, 2013. Added that order passed relates to the electoral process and same was before the conduct of elections. Reference is made to judgment reported as "Shah Wali and 6 others v. Quetta Chamber of Commerce and Industry and 17 others" (2012 CLD 804).

4. Learned counsel for the petitioner contends that question of eligibility to vote was not considered and appreciated in accordance with Rule 11 of Rules, 2013 and petitioner was declared as disqualified to vote on extraneous reasons. In order to appreciate the submissions, the relevant portion of the impugned order is reproduced hereunder as; "

4. Argument heard and documentary evidence/record perused. The Respondents/Messrs Pakarab Fertilizer Limited did not provide any documents related to percentage of shares holders etc. as evidence in their defense.

5. The respondent/Messrs Pakarab Fertilizer Limited does not qualify the criteria for eligibility of membership of MCCI, hence his membership of MCCI is not in accordance with low and rules.

6. Keeping in view the above mentioned facts and circumstances, the instant appeal is hereby accepted and the Secretary General of MCCI is hereby directed to remove the name of Messrs Pakarab Fertilizer Limited from the list of membership/voter list of MCCI".

5. Learned counsel for the petitioner drew attention of the Court to the Rule 11, ibid, to substantiate submissions. Adds that relevant documents were provided but not appreciated and construed accordingly.

6. Learned counsel appearing for respondent No.1 has controverted the submissions. It is contended that no document, whatsoever, has been provided by the petitioner before respondent No.1 to substantiate eligibility to vote. When confronted, learned counsel appearing for respondent No.1 could not satisfactorily respond that how "percentage of shareholders" would be relevant for the purpose of determination of eligibility to vote.

7. Upon hearing the learned counsels it is not difficult to conclude that question of eligibility of the petitioner to vote in the elections as member of MCCI was not correctly examined, in the light of the eligibility criterion provided under the law. This court is not inclined to review and express comments regarding documents, referred to claim eligibility to vote, as any observation thereupon would prejudice the matter and influence the decision making by respondent No.1.

8. In view of the above, it is summed up that determination carried out by respondent No.1 qua petitioner's eligibility to vote is erroneous, defective and not in accordance with law, therefore, order dated 07.08.2019 is not sustainable. Consequently, order dated 07.08.2019 is set aside and the matter is remanded to respondent No.1, who should determine petitioner's eligibility as to the membership and voter, de novo, in accordance with law and after affording opportunity of hearing to the parties. Since, the polling for the election of Executive committee is apparently, scheduled for 11.09.2019, therefore, the parties are directed to appear before respondent No.1 on September 6th, 2019, Friday, at its Office at Islamabad. The counsel representing the respondent No.1 and Deputy Director, present in court, shall intimate the factum of this order to the respondent No.

1. Respondent No. 1 shall decide the matter without being influenced by any observation made in this order.

9. Disposed of with the above observation(s)/direction(s). Copy Dasti on payment of usual charges. KMZ/P-11/L Order accordingly.