HAJJ ORGANIZERS ASSOCIATION OF PAKISTAN (HOAP) BALOCHISTAN ZONE vs GOVERNMENT OF PAKISTAN through Federal Secr

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HAJJ ORGANIZERS ASSOCIATION OF PAKISTAN (HOAP) BALOCHISTAN ZONE VS GOVERNMENT OF PAKISTAN through Federal Secretary, Ministry of Commerce, Islamabad Ss. 14(3)(d), 14(3)(e) & 21---Trade Organizations Rules 2013, R. 21(15)---Constitution of Pakistan, Art. 17---Hajj Organizers Association of Pakistan---Holding of elections---Incumbent debarred from contesting forthcoming elections---Legality---Petitioner/Hajj Organizers Association of Pakistan (HOAP) assailed notices issued by Director General Trade Organization (respondent), directing them to conduct elections of their office bearers within the scheduled time, while debarring the incumbent Members of Executive Committee from contesting the upcoming election---Contention of the petitioner was that not allowing the incumbent members of the executive committee to contest elections for the next tenure, was unjustified being violative of Art. 17 of the Constitution---Validity---Association of the petitioner was governed by Trade Organizations Act, 2013 ('the Act 2013')---Section 14(3)(d) of the Act 2013, inter alia, empowers the Regulator to watch and supervise any election held by or for the purpose of electing persons to the Executive Committee, whereas clause (e) of S.14(3) also enunciates that any person, committee or office bears of the trade organization in matters relating to the electoral process before the conduct of the election may approach the Regulator in appeal---Moreover, the Act 2013 also provides a remedy of appeal as contemplated under S. 21 of the Act 2013---Act 2013 was amended in the year 2022, wherein a number of amendments were made part of the Act 2013---Sub-rule (15) of R. 21 of the Trade Organization Rules of 2013 clearly contemplates that on completion of term, office bearers and members of the executive committee shall not be eligible to contest election or co-opt in any representative capacity in the trade organization for the next tenure, which straight away demolished the contention/argument of the petitioner that the members of executive committee of the organization could not be restricted to participate in the election for the second time for being violative of Art. 17 of the Constitution---Constitutional petition was dismissed, in circumstances.

HAJJ ORGANIZERS ASSOCIATION OF PAKISTAN (HOAP) BALOCHISTAN ZONE vs GOVERNMENT OF PAKISTAN through Federal Secretary, Ministry of Commerce, Islamabad Ss — 2025 PLD 13 QUETTA-HIGH-COURT-BALOCHISTAN

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