Law: Cooperative Societies Rules, 1927

Section: 48,48(6)

Law: Election Rolls Act, 1974

Section: 6(b)

Cooperative Societies Rules, 1927--- ----R. 48---Constitution of Pakistan (1973), Art.199---Constitutional petition---Election of Managing Committee of Cooperative Housing Society---Notice of Annual General Meeting (AGM) to members regarding approval of election schedule---Order of Deputy Registrar Cooperative Societies suspending AGM agenda for non-completing election process within 45 to 60 days under Model Byelaws and NAB's action plan---Appointment of Administrator by Registrar, Cooperative Societies after expiry of tenure of Managing Committee without issuing notice to Society---Validity---Such Byelaws never prescribed such a period for completing election process of a Cooperative Society---Sanction against AGM from considering agenda item was unjustified---Failure of Registrar, Cooperative Societies to give prescribed prior notice to the Society would make its order illegal and void---Order of Registrar did not cast any allegation of misconduct or wrong doing upon outgoing Managing Committee---Supersession of Managing Committee was a drastic measure meant for serious defaults---Unmotivated delay of a few days in scheduling election would not involve injury and prejudice or threat to the interests of Society necessitating removal of its management---Order of Registrar of Cooperative Societies was illegal for administering a remedy not proportionate to the mischief being redressed---Tenure of Managing Committee had already expired, thus, extending its life through judicial verdict would not be appropriate---Nomination of three non-contesting members of interim committee by outgoing Managing Committee would be appropriate to hold fresh election of Managing Committee and carry on and manage day to day affairs of Society---High Court disposed of the constitutional petition with such directions. Zaibtun Textile Mills Ltd. v. Central Board of Revenue and others PLD 1983 SC 358; Independent Newspapers Corporation (Pvt.) Ltd. v. Chairman, Fourth Wage Board 1993 SCMR 1533 and Messrs Neelam Textile Mills Ltd. v. State Bank of Pakistan and 2 others PLD 1999 Kar. 433 rel. ORDER UMAR ATA BANDIAL, J.--- Learned counsel for the petitioner submits that the election rules…

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