FPCCI Presidential candidate Irfan Iqbal Sheikh wins appeal from Sindh High Court

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A division bench of Sindh High Court has disposed of the appeal filed by Irfan Iqbal Sheikh, the Presidential candidate of BMP for the annual elections of FPCCI, by suspending the operation of the impugned order. The Court clarified that its order will remain operative till final decision on the injunction application.

The bench comprising Justice Aqeel Ahmed Abbasi and Justice Mrs. Rashida Asad further clarified that no order is passed on the injunction application in view of forthcoming winter holidays, before the date when elections are scheduled, the further proceedings will be subject to outcome of the election and further order, as may be passed by the learned Single Judge in the Suit.

Irfan Iqbal Sheikh had filed this appeal against the order dated 13-12-2021 passed by the learned Single Judge of this Court, according to counsel for the appellant, without hearing the appellant, ex-parte ad-interim order was passed whereby the operation of the impugned Notification dated 10 December of FPCCI-Election was suspended.

It was contended by the counsel for the appellant that appellant is eligible to contest the Election for the post of President of Federation of Pakistan Chambers of Commerce & Industry (FPCCI) from Lahore, as his nomination was duly approved by the Lahore Chamber of Commerce & Industry, pursuant to which the FPCCI has been pleased to issue final voter list for the year 2022. However, on account of an error, necessary correction was sought well before cut-off date on 26-10-2021, when corrigendum was issued by Lahore Chamber of Commerce & Industry followed by Nomination and Resolution letters of even date, pursuant to above proceedings, the FPCCI issued impugned Notification dated 10 December 2021, whereby the necessary correction was made in the final voter list.

According to counsel for the appellant, the respondents; Dr. Nouman Idris Butt and others had earlier challenged the nomination of the appellant before the relevant forum including the DGTO Islamabad, however, such objection was dismissed. Therefore, the respondent filed a writ petition before the Islamabad High Court, however, could not get any interim relief and during the course of hearing before the learned Single Judge on 13-12-2021.

Having failed to obtain any interim relief, the respondents had chosen to file subject Suit before the learned Single Judge of this Court on the same date, and when the matter was taken up on the said date, an ex-parte order was passed. The entire relief claimed by the respondent in the Suit was allowed, and the candidature of the appellant to contest election as President of FPCCI forthcoming election was rendered as illegal and ineffective.

According to counsel for the appellant, if the impugned order was not set-aside, the appellant will not be able to contest the election, which was scheduled to be held on 30-12-2021.