Case Details

Citation(s)
2018 SLG 1251 2018 SLD 1251 2018 CLC 809
Lahore High Court
W.Ps. Nos. 156887, 154849 and 160181 of 2018, heard on 15-2-2018.
AYESHA A. MALIK, JUSTICE
Muhammad Javaid Iqbal Qureshi for Petitioner (in W.P. No.156887 of 2018). Saad Rasool for Petitioner (in W.P. 154849 of 2018). Khalid Ishaq for Petitioner (in W.P. 160181 of 2018). Iftikhar Ahmad Mian and Ch. M. Ejaz Jamal for
Respondent Society.

SYED KALEEM UR REHMAN AND OTHERS

VS

SECRETARY COOPERATIVES, GOVERNMENT OF PUNJAB AND OTHERS

Law:

Section:

Co-operative Societies Act (VII of 1925)--- ----Ss. 17(b) & 64(a)---Bylaws of the Cooperative Model Town Society (1962) Limited, Lahore, Clause 13(i)&(ii)---Election of Co-operative Society---Election Sub-committee, powers of---Termination of membership---Scope---Petitioners were members of Cooperative Model Town Society and their grievance was against Election Sub-Committee of the Society which terminated their membership during scrutiny of voter list prepared for elections of the society---Validity---Election Sub-Committee could not adjudicate upon qualifications of a member and order to terminate his membership---Election Sub-committee could not pass orders on objections filed against voter list stating that petitioners were not qualified to be members of the society in terms of clause 13(ii) of Bylaws of the Cooperative Model Town Society (1962) Limited, Lahore---In order to determine whether petitioners stood terminated from membership consequent to qualification provided by bylaw number 13(ii) of Bylaws of the Cooperative Model Town Society (1962) Limited, Lahore, matter was to be placed before general body/Managing Committee which had to hear the matter and pass an order whereafter, right of appeal was available to such person before Registrar of Cooperatives---In terms of election schedule, last date for filing objections was 23-01-2018 and objections were to be decided within 2 days; in such a situation where an order was passed deleting name of petitioners from voters' list because they were not qualified to be members, had left petitioners remediless as they were unable to appeal against the order of Election Sub-Committee within required time as per election schedule---High Court set aside order passed by Election Sub-Committee and directed that petitioners could proceed with nomination process and participate in election for Managing Committee of the society---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: AYESHA A. MALIK J.--- This single judgment decides upon the issues raised in the instant petition as well as connected WP Nos.154849 and 160181 of 2018 as common questions of law and facts are involved in…
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