ISLAMABAD: The Islamabad High Court (IHC) set aside the Secretary of the Ministry of Commerce’s decision regarding the elections of the Karachi Chambers of Commerce and Industry (KCCI).
A single bench of IHC, comprising Justice Raja Inaam Ameen Minhas, on Tuesday heard the petition filed by some members of the KCCI.
In a written order, the IHC said, “With the consent of the counsels for the parties, the instant appeal is allowed, and the Impugned Order dated 27 May 2025 is set aside.”
“The case is remanded to the Appellate Authority, the Secretary, Ministry of Commerce, with the direction to decide the matter afresh after affording an opportunity of hearing to all concerned, and by addressing all the objections raised by the parties, through a comprehensive, well-reasoned, and speaking order, strictly in accordance with law, expeditiously and preferably within a period of sixty (60) days from the date of receipt of a copy of this order,” it added.
The appellants challenged the order dated 27.05.2025, passed by the Appellate Authority, the Secretary, Ministry of Commerce, whereby the appeal filed by the respondents, Karachi Chambers of Commerce & Industry against Order No. 03/2025, dated 03.03.2025, passed by the Regulator, Directorate General of Trade Organizations, Islamabad, was disposed of, by setting aside the order dated 03.03.2025.
Advocate Ali Nawaz Kharal, appearing on behalf of the appellants, contended that the Appellate Authority, i.e., the Secretary, Ministry of Commerce, has erred in law and on facts in setting aside the RTO’s Order dated 03.03.2025 without considering the mandatory provisions of Section 10 of Trade Organizations Act, 2013, read with Rules 11(7), 15, and 21(5)(b) & (c) of the Trade Organizations Rules, 2013 and the legal consequences of their violation.
He added that the impugned order is non-speaking, arbitrary, and suffers from misinterpretation of the Sindh High Court’s orders as well as Order No. 17/2024, which remained operative in the absence of any restraining order.
He submitted that the Appellate Authority wrongly assumed the exercise of an exemption despite no valid notification under Section 3(9) of TOA, 2013, and further adopted an untenable reasoning that participation in elections amounts to mutual deviation from the law. It failed to consider material irregularities in the electoral process, including non-bifurcation of the voters’ list and conduct of elections in violation of statutory provisions, and ignored the regulatory powers of RTO/DGTO.
Kharal further submitted that the instant appeal may be disposed of by remanding the matter to the Appellate Authority, the Secretary, Ministry of Commerce, with a direction to decide the case afresh after taking into consideration all the objections raised by the appellants both in this appeal as well as the ones raised previously, and to pass a well-reasoned, comprehensive, and speaking order.
The counsel also stated that he has no objection if the instant appeal is disposed of on the above terms and the matter is remanded to the Appellate Authority, the Secretary, Ministry of Commerce, for decision afresh.
Copyright Business Recorder, 2026
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