| Case ID |
3750abfe-49d5-4786-879f-e8bbf0585134 |
| Body |
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| Case Number |
Writ Petition No. 6075-P of 2019 |
| Decision Date |
Nov 27, 2019 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by the petitioner challenging the order of the Election Commission of the Federation of Pakistan regarding nominations for the election of officer-bearers of the Trade Organization. The court held that the specific forum for appeal against such orders is provided under Section 21 of the Trade Organizations Act, 2013, which rendered the constitutional petition not maintainable. The petitioner’s claim to be the Secretary General of the Women Chamber of Commerce and Industry, Mardan, was found to be dubious, and the court emphasized the absence of locus standi for the petitioner due to her unclear legal status. |
| Summary |
In the case of Writ Petition No. 6075-P of 2019, the Peshawar High Court dealt with a dispute concerning the election procedure of a trade organization under the Trade Organization Act, 2013. The petitioner, MS. SABA GUL, contested an order from the Election Commission regarding the acceptance of nominations for the FPCCI elections. The court found that the petitioner lacked the legal standing to file the petition due to the ambiguity surrounding her status as Secretary General of WCCI Mardan. The decision highlighted the importance of following the specified appeal process under Section 21 of the Act, thereby dismissing the petition. This case underscores the regulatory framework governing trade organizations in Pakistan and the necessity for parties to adhere to established legal procedures in electoral matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
LAL JAN KHATTAK,
MUHAMMAD NAEEM ANWAR
|
| Lawyers |
Barrister Muhammad Yaseen Raza Khan,
Saif ur Rehman, DAG,
Qazi Ahmad Saeed
|
| Petitioners |
MS. SABA GUL
|
| Respondents |
3 OTHERS,
GOVERNMENT OF PAKISTAN THROUGH SECRETARY COMMERCE
|
| Citations |
2020 SLD 460,
2020 CLD 251
|
| Other Citations |
Anwar Hussain and others v. Federation of Pakistan and others rendered in W.P. No.6568-P/2018 dated 2.10.2019
|
| Laws Involved |
Trade Organization Act, 2013
|
| Sections |
14,
21
|