| Citation(s) |
|---|
| 2010 SLG 1267 2010 SLD 1267 2010 MLD 1474 |
Lahore High Court
Writ Petition No. 2519 of 2010, decision Dated: 01-07-2010.
IJAZ AHMED, JUSTICE
Petitioner(s) by: Zaheer-ud-Din Usmani
Respondent(s) by: Raja Rizwan Abbasi
Writ Petition No. 2519 of 2010, decision Dated: 01-07-2010.
IJAZ AHMED, JUSTICE
Petitioner(s) by: Zaheer-ud-Din Usmani
Respondent(s) by: Raja Rizwan Abbasi
SIRAJ DIN ORFI AND OTHERS
VS
CIRCLE REGISTRAR OF CO-OPERATIVE SOCIETIES AND OTHERS
Law: Cooperative Societies Act, 1925
Section: 4
Law: Constitution of Pakistan, 1973
Section: 199
Law: Cooperative Societies Rules, 1927
Section: R.48
(a) Co-operative Societies Act (VII of 1925)--- ----S. 4---Co-operative Societies Rules (1927), R. 48---Islamabad Capital Territory Co-operative Societies Elections (Amendment) Rules, 2004, R. 5(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Pakistan Atomic Energy Commission Employees Co-operative Housing Society---Order of Deputy Registrar, Co-operative Societies dissolving Managing Committee of such society for improper functioning and appointing Caretaker Committee and Election Commission---Validity---Under R. 48 of Islamabad Capital Territory Co-operative Societies Elections (Amendment) Rules, 2004, only Registrar could supersede Managing Committee---Under R. 5(2) of Rules, 2004, Election Commission could be constituted only by Registrar---Nothing on record to show conferment of such powers of Registrar on any person including Deputy Registrar as required under S. 4 of Co-operative Societies Act, 1925---Thing required to be done in prescribed manner must be done in such manner alone---High Court set aside impugned orders while observing that Registrar might himself take steps for smooth running of affairs of such society. Writ Petition No. 1617 of 2008 Ch. Abdul Azeem and 1 another v. ADC(G) Deputy Registrar, Cooperative Housing Society ICT Islamabad and others, distinguished. (b) Administration of justice--- ----Thing required to be done in prescribed manner must be done in such manner alone. Ch. Khalil-ur-Rehman v. The Registrar Co-operative and 2 others and 1994 MLD 1637 and Islamia University Bahawalpur v. Dr. Muhammad Khan Malik PLD 1993 Lah. 141 rel. THIS ORDER PASSED BY: IJAZ AHMED, J.--- It is contended by the learned counsel for the petitioners that the petitioners are members of the Pakistan Atomic Energy Commission-Employees Co-operative Housing Society (PAEC ECHS). The elections of the society are scheduled to be held on 12-6-2010. The petitioners are the candidates in the election. The respondents Nos. 7 and 8 from the opponent group are also contesting the election for the posts of Vice-President and General Secretary. The Deputy Registrar, respondent No.2 vide notification dated 26-3-2010 being satisfied that…
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