| Citation(s) |
|---|
| 2014 SLG 1727 2014 SLD 1727 2014 CLC 962 |
Lahore High Court
Writ Petition No.5764 of 2014, decision dated: 18-03-2014.
UMAR ATA BANDIAL, C.J.
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Writ Petition No.5764 of 2014, decision dated: 18-03-2014.
UMAR ATA BANDIAL, C.J.
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Malik SHAHBAZ ALI
VS
SCS and others
Law:
Section:
Constitution of Pakistan-------Art. 199---Constitutional petition---Housing Society---Election for post of General Secretary of Housing Society---Disqualification for election of office-bearer on ground of conflict of interest (property business of the candidate)---Scope---Petitioner impugned order of Housing Society whereby he was disqualified from contesting election on ground that he was engaged in property business, which created a conflict of interest---Contention of petitioner was that petitioner had previously been elected to this post and no complaint was filed against him and that he had also subsequently sold his property business, evidenced through documents brought on record---Validity--- Impugned order failed to take into account petitioner's unobjected and unblemished three years of service as General Secretary of the respondent-Society; which established the fact that the petitioner did not promote his personal business in a way that conflicted with his authority as office-bearer of the Society---Court, although was inclined to interpret the rule of conflict on interest and duties very strictly, however, lack of any objection whatsoever against petitioner in his three years tenure was a persuasive ground to believe his statement that he had sold his share in the property business---High Court observed that if any connection of the petitioner with the alleged property business was established, then any member of the Society may approach for action against petitioner in accordance with law---Impugned order was set aside, and Constitutional petition was allowed, accordingly. Ahmad Waheed Khan for Petitioner. M. Iftikhar Shah for Respondent No.2. Zubair Mahmood Chaudhry for Respondent No.3. M. Sarfraz Ahmad, Assistant Registrar Cooperatives Department (Housing-III) Lahore. ORDER UMAR ATA BANDIAL, C.J.--- The order passed by the SCS dated 25-2-2014 ("Impugned Order") considers the following material to disqualify the petitioner from contesting election for the post of General Secretary of the respondent No.3, Iqbal Avenue Cooperative Housing Society Ltd., Lahore: "5. I have heard the parties and perused the record. A number of documents including…
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