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 canc ellation 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 accepte d vide impugned order dated 07.08.20 19, 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 subsection (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 W ali and 6 others v . Quetta Chamber of Commerce and Industry and 17 others" (2012 CLD 802 ).
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 apprec iate the submissions, the relevant portion of the impugned order is reproduced hereunder as;
4. Argument heard and documentary evidence/record perused. Online verification data of Federal Board of Revenue (FBR) was produced by the appellant for substantiating the contention raised by him. The said business is registered with LTU Karachi for the purposes of Tax Assessment. The respondents/Messrs Hussain Mills Limited did not produce any proof of eligibility as per Rule 3(2) (b) and Rule 15 of TORs, 2013. The documents produced reflect that apparently the respondent/Messrs Hussain Mills Limited has no substantial business interest in the jurisdiction of MCCI nor business address nor registered with RTO Multan for the purpose of Income Tax and Sales Tax.
5. The respondent/Messrs Hussain Mills Limited does not qualify the criteria given in Rule 3(2)(h) and Rule 15 of TORs, 2013 for eligibility of membership of MCCI, hence his membership of MCCI is not in accordance with law 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 Hussain Mills 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. Learned counsel submits that in this case the petitioner entity failed to submit proof of eligibility as per Rule (3)(2)(b) and Rule 15 of Rules, 2013. It has been observed by the respondent No.1 that the petitioner had no substantial business interest in the jurisdiction of MCCI, nor any business address. Further submits that petitioner was not registered with the RTO Multan for the purposes of Income Tax and Sales Tax.
Learned Counsel for the petitioner , in rebuttal, submitted that documents of owne rship property were provided to the respondent No.1, showing existence of industrial units within the territorial area of MCCI, which documents essentially establish substantial business interest of the petitioner 'as an industrial concern'. Learned counsel added that petitioner is a public limited company , having its head office at Multan, which place of business formed basis of issuance of certificate of membership of MCCI, to the petitioner .
7. It appears that conditions prescribed for the members of the Trade Organizations in terms of Rule (3)(2)(b) are disjunctive and compliance of any one of them would make an entity eligible for membership or vote, as the case may be. The facts alleged by the petitione r are verifiable, conveniently . It appears that matter was not adjudged in the light of the facts alleged, documents provided and sections enacted, especially dealing with the eligibility criterion, for the membership and to vote.
8. Upon hearing the learned counsel 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 conditions prescribed to ascertain eligibility , in terms of relevant law and rules. 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.
9. In view of the above, it is summed up that determination carried out by responde nt 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/rules 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 .
10. Disposed of with the, above observation(s)/direction(s). Copy Dasti on payment of usual charges.