| Citation(s) |
|---|
| 2025 SLG 3631 2025 SLD 3631 = 2025 SHC 1556 |
CP No. D–5136 of 2023 A N D CP No. D–4623 of 2024
Sana Akram Minhas J
Mr. Muhammad Najeeb Jamali, Advocate for Petitioner (in CP No.D–5136 / 2023) Mr. Ahmed Ali Hussain, Advocate for Petitioner (in CP No.D–4623 / 2024) Mr. Muhammad Vawda, Advocate for
Respondent Society (Sadaf Coop. Housing Society Ltd) Ms. Humaira Jatoi, Advocate for Sindh Master Plan Authority Mr. Shahryar Qazi, AAG along with Mr. Ghulam Muhammad Memon, Assistant Registrar, Cooperative Societies Sindh
( Tanveer ul Hassan & Others v. Province of Sindh & Others ) ( Yasir Ali & Others v. Province of Sindh & Others )
Law: Sindh Cooperative Housing Societies Act, 2020
Section: 9(5)
Summary:
The court emphasized the urgent need to hold elections for the Sadaf Cooperative Housing Society, which have been delayed for years. The key dispute concerns eligibility for voting rights. The Petitioners argue that only members holding allotted plots with specific plot numbers (as per the sanctioned Layout Plan for Sector 15-A) should be eligible voters, citing the Society's Byelaws. The Society advocates including potential members with land in pending approval Layout Plans. The court rejected this, stressing the need for confirmed allotments to ensure a transparent, fair election. Directions were given to hold elections within 60 days, prepare a voter list based solely on confirmed plot allotments, and adhere strictly to the Sindh Cooperative Societies Act 2020 and the Society’s Byelaws.
Core Points:
- Society elections have been pending for several years and must be held without delay.
- Dispute over voter eligibility: Petitioners favor only those with confirmed plot allotments.
- Society wants to include members with land in unapproved Layout Plans.
- Court holds voting rights must be restricted to confirmed allotted plot holders (Sector 15-A, sanctioned plan).
- Pending or speculative claims on land are insufficient for membership or voting rights.
- Elections to be held within 60 days under established rules and byelaws.
- An Election Committee to be formed within 7 days to manage election logistics.
- Voter list must be prepared strictly from members with sanctioned and identified plot numbers.
- Disputes over membership rights to be resolved by competent forums, not Election Committee.
- Election results to be notified officially and reported to the court.
- Interim orders remain until new committee election and control transfer.
Law and Section Table:
| Law/Rule | Description | Reference |
|---|---|---|
| Sindh Cooperative Societies Act, 2020 | Governs cooperative societies' registration, membership, elections, and management. | Sindh Cooperative Societies Act, 2020 |
| Rule 9(5), Sindh Cooperative Societies Rules, 2020 | Requires formation of Election Committee for managing elections. | Rules 2020, Rule 9(5) |
| Society Byelaw No. 8 and 8(a) | Limits membership to the total number of available plots. | Society Byelaws, Pg. 655, Annex B |
| Section on election schedule publication | Requires publishing election schedule in Urdu and English newspapers. | Sindh Cooperative Societies Act, 2020 (implied) |
| Rule on membership disputes | Election Committee not to resolve membership disputes, which must go to competent courts. | Sindh Cooperative Societies Act/Rules |
| Compliance reporting obligations | Registrar Cooperative to notify election results and submit compliance to court. | Court directive based on Act/Rules |
1. Sana Akram Minhas J: The learned Counsel for the Petitioners and for the Respondent Sadaf Cooperative Housing Society Ltd (“Societyâ€) are in agreement that the Society’s elections have not been conducted for several years and must now be held without further delay, as doing so would substantially contribute to resolving the disputes between the parties.