On the complaint of Malik Sohail Hussain Executive Committee Member of FPCCI 2022, DGTO has formed a committee consisting of the officers of DGTO Arifullah, Director DGTO (Chairman of Committee) and Salman Jamil Deputy Director DGTO (Member of Committee) for investigation/Scrutiny of record of FPCCI and submit recommendations to Regulator TO. The Committee will also determine whether FPCCI is running its day to day affairs in a legal manner since 01-01-2022 in pursuance to the instant complaint.
The DGTO has also directed the Secretary General FPCCI to show adherence to the trade Organization Act, 2013 and Trade Organizations Rules, 2013 and direction of the Honorable Courts in elections and routine matters.
In a letter addressed to DGTO Malik Sohail had lodged a complaint that the election of FPCCI 2022 were under litigation and there were restraining orders by the Honorable High Court of Sindh for the announcement of FPCCI election results 2022 hence any decision whatsoever made by FPCCI with any respect would be considered contempt of Court. The complainant forwarded two letters No FPCCI.65th AGM/2021/2022 and No FPCCI-Admin-2021-2022 dated 6-01-2022 and 17-01-2022 respectively issued by the Secretary General of FPCCI containing the decisions which were sheer violation of the ToA 2013, ToR 2013 and Article of Association of FPCCI. The complainant stated in his letter, there is no such provision in Act, Rules and Articles as authorize the General Body to pass any such resolution to extend the tenure of the office bearers under any circumstances.
The complainant referred the relevant Clause (a) sub section 11 of ToA 2013 according to which the tenure of the Executive Committee of FPCCI shall be one year. While Rule 20 sub rule (10) and (11) of ToR the tenure of the office bearers and members of executive committee of the Federation shall be one year and Any office bearers or member of executive committee of the Federation on completion of the term or early retirement for any reason shall not be eligible to contest election nor cooption in any representative capacity for next one year. In the case of the Federation of Pakistan Chambers of Commerce and Industry from the 1st day of January to 31st day of December
The complainant said that in the light of relevant sub clauses/rules quoted above of ToA and ToR the Ex office bearers and entire EC of 2021 have no legal status or entity in FPCCI for the year 2022 hence all decision(s) being made by them stand illegal, arbitrary, mala-fide, without jurisdiction and against the law and challengeable in the court of law. He had requested the DGTO to exercise his powers conferred on him under Sub-article 13, 14, 15 and 16 of ToA 2013.
It is further stated in the orders of the DGTO that FPCCI has committed violation of the provision of the law of ToA 2013 which is an Act of parliament – the supreme legislative body of Pakistan.
The election results of FPCCI for the year 2022 are stayed vide Honorable Sindh High Court Order in suit No 07/2022. In the light of the above order of the Honorable court, the Secretary General FPCCI and Election have been directed by the DGTO to comply with the direction of the Honorable courts.
It is also noted in the orders of the DGTO that certain votes have been kept in sealed envelope due to orders of various Honorable High Courts of Pakistan. Election Commission FPCCI is directed to apprise the Regulator about the said votes through a report. The fate of the said votes is only to be finalized as per the directions of the Honorable courts. The election commission FPCCI is to apprise the office of DGTO about the status of the un-official result, along-with details of votes casted in favour of competing candidates, number of votes sealed due to orders of honorable courts and updated legal position of the same.
Regarding the matter of management of routine affairs of FPCCI/Stop-Gap arrangements, the routine/non policy matter of TO are to be managed through majority of the Executive Committee of FPCCI nominated for the year 2022.
Today the date of hearing of the case of FPCCI election 2022 has been adjourned by Honorable Sindh High Court.
The members of DGTO Committee have convened the first meeting of their committee on 8th January 2022 at DGTO office Islamabad wherein they have called Ex-office bearers of FPCCI and Secretary General of FPCCI ( in person) to apprise the committee about the details of the activities along-with the record from 1st January 2022 till to-date.
