Engr Daroo Khan, Vice-President of the Federation of Pakistan Chambers of Commerce and Industry (FPCCI), has demanded appointment of Administrator/Advisory Committee for conducting the election process of office-bearers and members of executive committee of FPCCI, to sustain the writ of the government.
In a letter sent to the Secretary, Ministry of Commerce, on November 5, he has drawn his attention that management of FPCCI did not honour the orders of Peshawar High Court dated October 6, October 18 and November 2 by holding extraordinary general body (EOGB) meeting of FPCCI on November 4, which amounts to contempt of court and liable to be proceeded against on the following grounds:
- The interim relief given by the Peshawar High Court on October 6 which reads as under: "Notice for a short date. In the meanwhile the process of holding EOGB meeting for endorsing the proposed amendments shall not be held and all proceedings in this regard are suspended till next date."
- Interim relief given by the Peshawar High Court on October 18 said: "The CM has been moved for early hearing of writ petition number 3598 of 2010 on the ground that the court while granting interim relief in this case directed its fixation for a short date; that entire process including election is stayed and that it shall be in the interest of justice that this case be heard earlier than 11.11.2010. The reasons given for early hearing are quite tenable. It is, therefore, directed that the main writ petition be fixed on 2.11.2010. This CM is, thus, disposed of."
Daroo Khan explained in his letter that while filing the application for early hearing, the advocate for respondents has wrongly interpreted in his application that the stay order dated 6.10.2010 was passed by the High Court only for suspension of the process of holding EOGB and not the election process. The advocate for respondents has, therefore, misrepresented and wrongly interpreted before the High Court and thus committed the guilt of misrepresentation and is, therefore, liable to be dealt with in accordance with the law by the Court for which the general body members concerned reserve their rights to move the Court for proceeding against him as well as against the President and the Secretary General of FPCCI.
He also reproduced the concluding lines of Peshawar High Court's order dated 2.11.2010 as under: "When there are in-built provisions to ensure compliance with the provisions of the Ordinance, we do not think any decision can be taken in the meeting which runs contrary to the provisions of the Ordinance. With the observations mentioned above, this petition stands disposed of."
Daroo said that in view of the above submissions, it is quite evident that the FPCCI is neither honouring any direction issued by the government nor orders passed by the Peshawar High Court. Thus, there is no way left except that competent authorities proceed against them as per law.
However, since the chapter of making amendments in the Memorandum and Articles of Association of FPCCI has been closed, he requested that until the contempt proceedings against concerned authorities are filed and finalised by the Court, the Secretary may kindly be pleased to order appointment of Administrator/Advisory Committee for conducting the election process/election of the FPCCI, so that the writ of the government could be sustained.
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