| Citation(s) |
|---|
| 2023 SLG 868 2023 SLD 868 2023 MLD 307 |
Islamabad High Court
Writ Petitions Nos. 2406, 3681 of 2020 and Criminal Original No. 20 of 2022, decided on 9th December, 2022. Date of hearing: 14th September, 2022.
Before Athar Minallah, C.J. and Aamer Farooq, J
Abu Zar Salman Khan Niazi and Wasim Abid for Petitioners. Abdul Wahid Qureshi for
Respondents. Zohaib Hassan Gondal, State Counsel. Fazal Hussain for Applicant (in C.M. No. 3147 of 2020). Applicant in person (in C.M. No. 3347 of 2020).
Writ Petitions Nos. 2406, 3681 of 2020 and Criminal Original No. 20 of 2022, decided on 9th December, 2022. Date of hearing: 14th September, 2022.
Before Athar Minallah, C.J. and Aamer Farooq, J
Abu Zar Salman Khan Niazi and Wasim Abid for Petitioners. Abdul Wahid Qureshi for
Respondents. Zohaib Hassan Gondal, State Counsel. Fazal Hussain for Applicant (in C.M. No. 3147 of 2020). Applicant in person (in C.M. No. 3347 of 2020).
Syed MUHAMMAD AYUB SHAH and others---Petitioners
VERSUS
REGISTRAR COOPERATIVE SOCIETIES DEPARTMENT and others-----Respondents
Law: Cooperative Societies Act, 1925
Section: 64-A
Law: Constitution of Pakistan, 1973
Section: 199
Co-operative Societies Act (VII of 1925)--- ----S. 64-A---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Alternate remedy, availing of---Effect---Petitioners were aggrieved of holding of elections in violation of Islamabad Capital Territory Cooperative Societies Managing Committee (Election) Rules, 2014---Respondents pointed out that alternate remedy was availed by the petitioners under S. 64-A of Co-operative Societies Act, 1925---Validity---Revision petition was filed against the order impugned in writ petition but the revision petition was subsequently withdrawn---Withdrawal was made after writ petition had been filed and entertained by the High Court---Rationale and reason for doing of the same was not understandable---Section 64-A of Co-operative Societies Act, 1925 did provide for the revisional powers of the Provincial Government or the Registrar, as the case may be---Points agitated in the revision petition were quite the same as in the present petition---Where the order was without jurisdiction or patently illegal, a petition under Art. 199 was maintainable, but since remedy was availed in the matter mere assertion that writ was a more appropriate remedy was not really a plausible argument in the facts and circumstances, especially when revisional authority had all the powers to set aside the impugned order---Writ petition was dismissed. Zia Ullah Shah v. Muhammad Khaqan and others 2018 MLD 1869; Sheikh Rashid Ahmed v. D.M. Rawalpindi and others PLJ 2004 Lah. 1221; Khalid Mehmood v. Collector of Customs 1999 SCMR 1881; Syed Match Company Limited v. Authority under the Payment of Wages Act and others 2003 SCMR 1493 and Farzand Raza Naqvi v. Muhammad Din and others 2004 SCMR 400 ref. JUDGMENT AAMER FAROOQ, J.---This judgment shall decide instant writ petition as well as W.P. No.3581-2020 and Cr1. Org. No.20-2022, as common questions are involved. 2. In W.P. No.2406-2020, the petitioners are Members of Pakistan Atomic Energy Commission Employees Cooperative Housing Society (the Society) and are aggrieved of inaction on part of Cooperative Societies Department (respondent No.1) regarding failure to notify the Election…
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