ISLAMABAD : The Director General Trade Organizations (DGTO), Bilal Khan Pasha has scrapped elections of Karachi Chamber of Commerce and Industry (KCCI) for being controversial, saying that the mismanagement and procedural violations committed by its Secretary General and Election Commission have seriously undermined the democratic process, raising serious concerns over the legitimacy of the elected leadership of KCCI.
KCCI is one of the largest and most influential trade body in Pakistan, representing 28,806 active members, out of which 16,863 are valid voters as per the record of available with the DGTO.
According to the Order of DGTO, post-election complaint filed under Section 14(3)(f)(iii) of the Trade Organizations Act, 2013 (TOA, 2013) by Arshad Khurshid and others regarding alleged irregularities in the elections of Karachi Chamber of Commerce and Industry for the term 2024-26 is also disposed of .
The Regulator of Trade Organizations (DGTO) derives authority to adjudicate electoral disputes under:(i) Section 14(3)(e) & (f) of TOA, 2013 – Empowering the Regulator as the final forum for appeals in electoral disputes before the conduct of elections ; and (ii) Rule 18(7) of Trade Organizations Rules, 2013 (TOR, 2013)Regulator’s decision on election disputes as final.
The Order further stated that the counsel for the complainants stated that the Secretary General (SG) of KCCI issued a provisional voters list on July 15,.2024, which was in blatant violation of Articles 4, 32(6)(ii), 34(3) of its Articles of Association (AOA) and Rule 11(7), Rules 21(5)(b) and 21(5)(c) of Trade Organizations Rules, 2013, in as much as, the voters list was not bifurcated in terms of the respective membership classes i.e. Associate Class and Corporate Class.
A generic voters list was issued which did not provide details as to which class of membership does each eligible member belongs to, thus rendering redundant, amongst other rules, Rule 21(5)(b) which envisages that the electoral college for each class of members of Executive Committee shall be members of general body from the respective class. This glaring violation prompted the complainants Arshad Khurshid and Maaz Waheed alongwith Arshad Jamal who had intended to contest the elections of KCCI for the term 2024- 26, to approach the Secretary General of KCCI and Election Commission in the first instance and having received no response from both, to the Regulator TOs, by filing a complaint pointing out the mentioned violations committed by KCCI.
The Regulator TOs after giving hearing opportunity to both sides, passed Order on August 13, 2024 allowing the complaint, and gave directions to the Respondent KCCI to issue revised voters list in terms of classes of membership as mandated by and under Rule 18(3) of the ToRs, 2013, the operative part of the Order was as follows ” the Secretary General of KCCI shall share voters list of KCCI for 2024-26 election according to their class of membership along with the details, as per rule 18(3) of TORS, 2013 with complainants” The case of KCCI elections process passed through different legal forums including Sindh High Court which also upheld the decision of DGTO.
On March 3, 2025, after hearing the arguments, perused record and relevant provisions of law examined , the DGTO passed the following order ;(i) Elections of Karachi Chamber of Commerce and Industry are declared null & void under section 14(3)f(iii) of TOA, 2013 ;(ii) a fresh election must be conducted within 60 days under the overall supervision DGTO ; and (iii) The Regulator (T.O)s recommends to the Secretary, Ministry of Commerce for the appointment of an Administrator under section 16 of the TOA, 2013 to conduct free, fair and transparent elections.
The Secretary General, Karachi Chamber of Commerce and Industry has been directed to immediately issue both corporate and associate class voters list and send a compliance report in this regard within 07 days of issuance of this Order. Failure to comply will result in further regulatory action under Section 14 of TOA, 2013, including potential suspension of KCCI’s licence. Ends
