Law: Cooperative Societies Act, 1925

Section: 17-B

Law: Cooperative Societies Rules, 1927

Section: 4

(a) Co-operative Societies Act (VII of 1925)--- ----S. 17-B----Co-operative Societies Rules 1927, R.4---Pakistan Employees' Co-operative Housing Society Bye-laws Nos.7, 8 & 12-A---Constitution of Pakistan, Arts.4 & 25---Exclusion of members---Matters in respect of which society shall or may make laws---'Member'---Definition and scope---Right of an individual to be dealt with in accordance with law---Equality of citizens---'Equal protection of law'---Scope--Petitioners, being the residents of Co-operative Housing Society, applied for membership of the Society, but the same was refused on the ground that the petitioners did not qualify for the membership under Bye-Laws Nos.7, 8 and 12-A of the Society, and the petitioners were also denied the right to vote---Question before the High Court was whether the Bye-Laws of the Society were arbitrary and discriminatory, which had been put in operation in such a manner so as to violate the guarantees contained in Arts.4 & 25 of the Constitution, and that whether the petitioners could be placed in the same set of circumstances in their relation to those who were the members of the Society pursuant to the Bye-Laws of the Society---Expression 'Member' included a person joining in the application for the registration of a society or a person admitted to membership after registration in accordance with the Rules and Bye-Laws applicable to such society---Bye-Law No. 7 of the Society provided that all persons who had signed the application for registration were the original members of the Society and that other members would be elected by the Committee, provided that all members were employees of Pakistan Government---Petitioners had not been granted the membership of the Society, as they were not the employees of Pakistan Government---Section 17-B of Co-operative Societies Act, 1925 provided that persons acquiring interests in the immovable property in the Society from the existing members would be admitted as a member of the Society subject to the rules of the Society, which meant that the transfer would be subject to rules and if under the rules, the membership of the Society was not restricted, the person…

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