MUHAMMAD NAEEM ANW AR J. Through this writ petition it was prayed by the petitioner that order dated 08.11.2019 of the Members of Election Commission of Federation of Pakistan, Chamber of Commerce and Industry for the year, 2020, (FPCCI) may be set aside being without jurisdiction and without lawful authority .
Likewise, she prayed that the respondents be directed to accept the nomination of WCCI, Mardan, for their respective representation in FPCCI with added prayers of declaring the findings of Directorate General, Trade Origination, (DGT O) Office of the Regulator of Trade Organization dated 07.11.2019 be declared as Coram non judice.
2. Worthy counsel for the petitioner asserted that the petitioner was the Secretary General of Women Chamber of Commerce and Industry Mardan. He continued that the respondent No. 4 has written a letter pretending herself to be the Secretary General of Women Chamber of Commerce and Industry Mardan, whereby the decision of Secretary General, FPCCI, was set aside and nomination received with the signature of Ms Shazia Parveen (respondent No. 4) was accepted. He also contended that the status and genuineness of the office bearer could be determined by the Regulator under section 14 of the Trade Organization Act, (Act No. 11) of 2013, as such, the impugned order and findings of DGT O are without lawful authority , carum non judice and liable to be set aside.
3. Conversely , learned counsel representing respondent No.4 vehemently argued that he matter pertaining to the status of petitioner and that of respondent No. 4 has been clarified by respondent No.2 through his letter dated 21.12.2018, as such, the petitioner has no legal status to pretend herself to be the Secretary General of WCCI Mardan and requested that this writ petition being without any merit be dismissed.
4. We have heard the valuable arguments of learned counsel for the parties and have gone through the record as well.
5. Record transpires that Deputy Director , Trade Organization through letter dated 03.10.2018 informed the petitioner that:- "I am directed to refer to the above cited subject and to forward herewith a copy of the letter issued under signature of Ms. Saba Gul claiming to be the Secretary General of WCC&I Mardan. As per out record, the new Secretary General has been appointed and therefore, correspondence received from any of the representative of the illegally appointed President who was removed vide orders dated 07.06.2018 would be unlawful.
In view of the correspondence being made by the unauthorized Secretary General WCC&I Mardan, you are directed to verify the authenticity of the letter and submit a report for further actions. Furthermore, you are directed to ensure that nomination by WCC&I Mardan for FPCC&I election 2019 are forwarded under your signature"
The above mentioned letter was impugned by Anum Iqbal and Naeema Naz through writ petitions No. 5587/2018 which is still pending adjudication before this court.
6. Likewise, through a letter bearing No. FNO. 17(20) /2009-T o whereby the Regulator , Trade Organization, has cleared the position of petitioner and respondent No.4 in such a way that:- "In this regard, it is informed that the office of Regulator TOs with the view to clarify the legal position of elected office bearers has already taken following actions:- a. The legal position of the Secretary General Mrs. Shazia Parveen appointed by the Human Resource Committee was established and Federation of Pakistan Chamber of Commerce and Industry (FPCCI) was accordingly informed vide letter dated 24.10.2018, b. The secretary General was directed to send nomination of WCCI Mardan Division for FPCCI elections 2019. A clarification on the fake documents submitted to FPCCI by the illegal representatives claiming to be the office bearers of the Chamber was also provided. c. In accordance with the legal position, the record of WCCI Mardan Division has been updated with inclusion of Mrs. Ambreen Khan Hoti as elected President and the Executive Committee notified by the Secretary General WCCI Mardan Division vide letter Ref. WCCIM/Election/18/359 dated 23rd October , 2018. d. As regard to renewal of the license of WCCI Mardan Division for another five years i.e. up to 2013, the matter is under active consideration and will be processed as per the relevant provision of the Trade Organization Act, 2013."
7. When learned counsel for the petitioner confronted with the above mentioned situation, he pleaded that the said letter has already been challenged before this Court, however , the documents as made available by the petitioner show that the said writ petition was fixed for the first time before the Court on 15.11.2018, much earlier to the issuance of aforementioned letter , though, some of the counterparts have been assailed before this Court but the admitted position is that till now as per record of Government of Pakistan, Directorate General of Trade Organization, the legal status of petitioner is that of Secretary General of WCCI Mardan is still dubious which is yet to be cleared.
8. Notwithstanding the pendency of W.P No. 5587-P/2018 and W.P No. 713-P/2018, the noticeable aspect of the matter in hand would be as to whether the petitioner has got an alternate remedy. Section 21 of the Trade Organization Act, 2013, shall make clear this position which is reproduced as under:- "21. Appeal.- (I) Any person or trade organization aggrieved by any decision or order or the Administrator may, within fourteen days of communication of such decision or order , prefer appeal to the Regulator .
(2) Any person or trade organization aggrieved by any decision or order or the Regulator may, within fourteen days of communication of such decision or order , prefer appeal to the Federal Government whose decision, subject to subsection (4), shall be final.
(3) On appeal under sub-section (I) the Regulator or, as the case may be, under sub-section (2) the Federal Government may suspend the operation or execution of the decision or order appealed against until the disposal of' such appeal.
(4) Any person aggrieved by the final order or decision of the Federal Government, involving a question of law, may, within thirty days of such order or decision, prefer appeal to the High Court.
9. A look at the above section would make it clear the specific forum to which the appeal shall lie, as such, this petition on this score is not maintainable. Reliance is placed on the case titled Anwar Hussain and others vs. Federation of Pakistan and others rendered in W .P No. 6568- P/2018 dated 2.10.2019.
10. Even otherwise, at this stage, the petitioner has got no locus standi to file the instant petition, as her legal status being Secretary General is yet to be decided.
11. For all that has been discussed above, this petition being bereft of merit is hereby dismissed.