Case Details

Citation(s)
2013 SLG 2830 2013 SLD 2830 2013 YLR 2215
Sindh High Court
Constitutional Petition No. D-791 of 2012, decided on 18th April, 2013
AQEEL AHMED ABBASI AND HABIB-UR-RAHMAN SHAIKH, JJ
Noor Ahmed Memon for Petitioner. Mukhtar Ahmed Khanzada, State Counsel Ghulam Muhammad Mallah, Assistant Registrar (Technical) for
Respondents Nos.3 and 4. S. Jawaid I. Bukhari for
Respondent No. 5

AJIZULHASSAN and 3 others

VS

PROVINCE OF SINDH through Secretary Cooperative and 4 others

Law:

Section:

Sindh Cooperative Housing Authority Ordinance (V of 1982)--- ----S. 14-A---Constitution of Pakistan, Art.199---Constitutional petition---Election of office-bearers of Employees Cooperative Housing Society---Notification declaring private respondent as member of such society alleged to be illegal due to absence of permission of Government in terms of S.14-A of Sindh Cooperative Housing Authority Ordinance, 1982---Petitioner's plea was that respondent as member of previous management of society was involved in misappropriation of funds, thus, he was not a valid candidate to contest such election---Validity---High Court through its order passed in previous constitutional petition had directed Authority to decide eligibility of respondent to contest election---Authority had placed on record two letters, whereby respondent had been allowed to contest such election conditionally, whereas through another letter had confirmed such conditional approval---Authority had duly complied with provision of S. 14-A of Sindh Co-operative Housing Authority Ordinance, 1982---Such election had been held under supervision of Additional Registrar of High Court pursuant to High Court order passed in previous constitutional petition---Petitioner's allegations were contrary to facts and record---High Court dismissed constitutional petition in circumstances. ORDER AQEEL AHMED ABBASI, J.---Through instant petition the petitioners have sought direction to the effect that the Assistant Registrar (Technical)/Election Officer, Cooperative Housing Society Hyderabad, respondent No.4 and other respondents shall declare that respondent No.5 namely Anis Ahmed son of Hafeez Ahmed is not a valid candidate hence not entitled to contest the election of Hyderabad Railway Employees Cooperative Housing Society. 2. Brief facts as stated in the petition are that the petitioners are members of Hyderabad Railway Employees Cooperative Housing Society Ltd. Hyderabad, which is a registered body having its bye-laws duly approved by the competent authority. It has been further stated that the elected body of the above said Society misappropriated the funds of the society, whereafter, action was taken under…
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