Law: Cooperative Societies Act, 1925

Section: 18-B

(a) Cooperative Societies Act (VII of 1925)--- ----S.18-B---Cooperative Societies Election Rules, Rr.9(iii), 9(iv)---Election---”Limine control”, doctrine of---Proxy of the candidates/petitioners submitted the nomination papers on their behalf---Nomination papers were rejected by Convenor Election Sub-Committee and their appeals and revisions were dismissed by Deputy Registrar Cooperative Societies and Secretary Cooperative Societies, respectively---Petitioners contended that Election Rules 9(iii) and 9(iv) neither amounted to disqualification of petitioners nor contained any penal provision; that nomination papers did not lack material particulars nor did they violate the mandatory provisions---Held, petitioners were required to submit their nomination papers by themselves but the same were submitted by someone else---Submission of nomination papers through proxy was violative to Election Rules, 9(iii) and 9(iv) of the Society---If a matter was not covered by Election Rules of the Society, the same should be settled under the provisions of Co-operative Societies Act, 1925, Cooperative Societies Rules, 1927, Bye-Laws of the Society---If some issue remained unattended, the Election Sub-Commission was empowered to consider/decide the same, but its decision would be subject to the right of appeal/revision before competent authorities---Petitioners had exhausted their remedies upto the Secretary Cooperative who decided the revision petition observing the violation of Rr.9 (iii), 9(iv) of the Election Rules---Constitutional petition was dismissed in limine. Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189 and Asif Saleem v. Chairman BOG University of Lahore and others 2019 PLD Lah. 407 rel. (b) Administration of justice--- ----Principle---When law requires an act to be done in a particular manner and after fulfilment of certain requirements then it must be done in the very manner and after fulfilment of the very conditions as imposed by the law. Muhammad Hanif Abbasi v. Imran Khan Niazi and others PLD 2018 SC 189; The Collector of Sales Tax, Gujranwala v. Messrs Super Asia Mohammad Din and Sons 2017 SCMR 1427 and Zia ur Rehman v. Syed Ahmed…

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