Law:

Section:

Cooperative Society--- ----Election of Co-operative society---Eligibility---Voting rights was co-owner of plot situated in society in question and possessed rights of membership---Authorities allowed respondent to contest election for Executive Committee of the society---Validity---Requirement of exclusive ownership for such candidacy would permit eligibility to person who were either original members or purchasers of property in one name---Price of urban land had gone high and requirement of exclusive ownership would block resident members who were co-owners from contesting in management of society---Public policy nor public interest favoured that wealth of a member should outweigh other qualities of representation, including leadership and public service profile of candidates---In the interest of justice, nominee co-owner was permitted to contest election of society---High Court declined to interfere in the order passed by authorities---Constitutional petition was dismissed in circumstances. THIS ORDER PASSED BY: UMAR ATA BANDIAL, C.J.--- The order of the SCS dated 4-2-2014 is assailed on the ground that it treats the disqualification contained in Byelaw 25(viii) of the Society to provide alternate disqualifications rather than separate disqualifications as contended by the petitioner. As a result, the private respondent No.4 ("respondent") has been allowed to contest the election for member Managing Committee of the respondent society. The said Byelaw provides as follows:-- "Byelaw 25. Notwithstanding anything to the contrary in these Bye-Laws, no member shall be eligible for election as a member of the Managing Committee who: (viii) Does not own four fully paid up shares in his individual capacity, or does not own at least one plot." 2. Learned counsel has read from the remaining seven clauses of Byelaw 25 to submit that word "or" between the disqualifying events is used to establish that each of the said events provides separate disqualification. He has further relied on Rule 2(f) of the Election Rules which gives definition of the word "voter": "Rule 2(f)---Voter means a member of the Society who is not a defaulter in the payment of prescribed dues and…

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