In view of irregularities, elections of Pakistan International Freight Forwarders Association (PIIFA) for the year 2009-2010 have been annulled by the Director General, Trade Organisations (DGTO), 'with immediate effect'. The order was passed on May 8 on the complaint filed against PIFFA by Raziq International (Pvt) Ltd, through Muhammad Naeem Khan.
The DGTO said that the elections held by the Association were "un-representative" as members of the Association had been deprived to choose their representatives as per provisions of law, and ordered that fresh elections should be held within 45 days, strictly according to the election procedure given by the Trade Organisations Rules, 2007.
The Secretary-General of PIFFA has been directed to constitute a four-member committee consisting of two representatives each from complainant and respondent side who are mandated to finalise the voters' list as per provision of law and rules after hearing objections, if any, received on the entries of the voters' list.
Since the tenure of office for 2008-09 will be expiring on September 30, 2009, the Association has been allowed to make necessary adjustments in the timeframe of the election schedule so as to complete the election process within the given 45 days for the remaining tenure of office up to 30.9.2009.
To ensure transparency of the process and to overview and supervise the conduct of fresh election, the DGTO will nominate an officer from Trade Development Authority of Pakistan (TDAP), Karachi/Lahore who will supervise the finalisation of the voters' list, and conduct of elections at all polling venues. In case of a dispute between members of the election committee, the decision of the supervisor shall prevail and will be binding on the members of the committee.
In his order, the DGTO referred to the allegations made in the complaint that constitution of the election commission to conduct the PIFFA elections 2008-09 was in violation of the provisions made in Rule 18 of the Trade Organisations Rules, 2007. According to the Rule, election commission is required to consist of three members, while the Association constituted an election commission consisting of four members.
It was further alleged that election results were not announced in annual general meeting (AGM) on due time as required under the rules. Moreover, the election results were not published/displayed as per requirement of the election rules, nor the election schedule was displayed on the website of the Association.
"Serious irregularities are alleged to have taken place in the election of the two seats reserved for women entrepreneurs. The women entrepreneurs were made to contest election like other candidates for the executive committee, whereas, the rules require that Electoral College for women seats will consist of elected members of the executive committee of a trade organisation."
The order further said that besides these procedural irregularities the Association had not segregated its voters' list into 'Associate' and 'Corporate' classes nor the 16 executive committee seats had been reserved for Corporate and Associate classes. Elections of the Association were held by a Joint Electoral College in violation of Rule 23 of the Trade Organisation Rules dealing with the organisational structure of chambers, associations, women chambers and town associations.
It had also been alleged that a polling booth was established at Sialkot in violation of Rule 20 according to which a polling booth can be established only at a station where the number of voters exceeds 50. The Association established its polling booth in Sialkot where total number of voters was 16. A number of other irregularities have also been pointed out in the complaint, the DGTO's order said.
Having gone through the material available on record and after hearing the parties at length, DGTO was of the view that the procedural irregularities such as establishment of polling booth at Sialkot, delay in the announcement of result, composition of the election commission, and failure to display election schedule on the website of the Association were such that would not have materially altered the result of the election.
But the irregularities namely (i) Failure to bifurcate executive committee seats into corporate class and associate class, and (ii) bifurcation of voters' into corporate and associate classes are such which run contrary to the express provisions of law and rules on the subject. Elections on the seats reserved for women entrepreneurs were conducted in violation of the procedure set out in the rules which was gross violation of the basic provisions of law and the rules.
As per provision of law, DGTO is competent to annul the results of the elections. He was of the view that irregularities had taken place in the conduct of elections. This exercise of power is no more conditional to prior approval of the appropriate government. "In the instant case, it is established and admitted by the respondent that the basic provisions of law enumerated in Rule-23 have been violated by the Association," the order said.
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