20000108

SHC rejects

suit challenging

Aptma chief

election

RECORDER REPORT

KARACHI: The plaint filed by Waqar Monnoo, in connection with the election of chairman of All Pakistan Textile Mills Association (Aptma) for a second consecutive term of one-year, has been rejected by the Sindh High Court.

The plaintiff had filed the suit against Aptma, FPCCI, the arbitration tribunal and A. J. Textile Limited, Peshawar, for declaration and permanent injunction. The order was announced on January 7, 2000, by the Sindh High Court.

In a bid to challenge the turn of NWFP on rotational basis for chairmanship of Aptma which was to begin from October 1, 1999, and end on September 30, 2000, the plaintiff had prayed for grant of declaration that under the Articles of Association of the defendant No.1, Aptma members of each zone were entitled to contest election for the office of the chairman for two consecutive terms of one-year each, that the plaintiff and other members of the managing committee of the defendant No.1 from Sindh-Balochistan zone were eligible to contest election for the office of chairman for the term of 1999-2000, that the order passed by defendant No.3 (arbitration tribunal) be declared mala fide and without any lawful authority, jurisdiction or effect, that permanent injunction be granted restraining the defendants from taking any action which had the effect of denying the members of the Sindh-Balochistan zone including the plaintiff, the right to contest the election for the office of the chairman of the defendant No.1 (Aptma) for the year 1999-2000.

Earlier, the Director of Trade Organisations had given a ruling that the term of office of chairmanship of Aptma for the period October 1, 1999, to September 30, 2000, belonged to NWFP. The arbitration tribunal of FPCCI comprising Sardar M. Ashraf as chairman and Engr. M. A. Jabbar and Dawood Usman Jakhoura as members had also upheld the contention of Aptma, NWFP that the term of office belonged to NWFP.

Waqar Manoo, member, Aptma, had filed the suit which was compromised with stay to hold elections of Chairman, APTMA by Justice Rasheed Ahmed Razvi of Sindh High Court. Later the case came up for hearing before Justice Ata-ur-Rehman, who converted the earlier stay in favour of continuation of Hamayoon Elahi Sheikh as chairman.

The case for NWFP hold the office of chairmanship for 1999-2000 was argued on the basis of Rule VII & Rule II that Waqar Mannoo plaintiff did not have any cause of concern or was not the aggrieved and necessary party seeking relief for the type sought.

The case was argued many times and was kept reserve for final decision without any short order to follow detailed decision.

The defendants were represented by Khalid Javed, advocate.